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Retained EU law
Practical Law UK Glossary w-019-6282 (Approx. 6 pages)
Glossary
Retained EU law
The category of UK law created under sections 2 to 4 of the European Union (Withdrawal) Act 2018 (EUWA) at the end of the transition period, following the repeal of the savings to the European Communities Act 1972 (ECA 1972).
At the end of 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL Act) made significant changes to retained EU law, which is known as assimilated law as regards all times after the end of 2023, but continues to be known as retained EU law as regards all times at or before the end of 2023.
Retained EU law comprises the following (subject to various exceptions), together with the interpretations of it by the UK courts and any additions and modifications made to it by domestic law from time to time (section 6(7), EUWA):
- EU-derived domestic legislation: the domestic legislation which continues to be domestic law under section 2 of the EUWA, such as UK legislation that implemented EU directives or relates otherwise to the EU or the European Economic Area (EEA).
- Retained direct EU legislation: the EU-derived legislation which was converted into domestic law by section 3 of the EUWA, such as UK versions of EU regulations and EU decisions which were directly applicable in domestic law immediately before the end of the transition period.
- EU-derived rights and obligations (etc) which were converted into domestic law by section 4 of the EUWA, such as directly effective rights in EU treaties. Although section 4 was repealed at the end of 2023, section 4 continues to be enforceable in relation to anything occurring before the end of 2023.
For more information, see Retained EU law and assimilated law FAQs and Retained EU law toolkit.
For a guide to help Westlaw users identify retained EU law on Westlaw, see Guide to identifying retained EU law in Westlaw content. For more Practical Law content on the operation of UK law after Brexit, see UK legal change post-transition and UK-EU agreements toolkit and Practical Law's Brexit page.