Interpretation of retained EU law and UK-EU withdrawal agreement | Practical Law

Interpretation of retained EU law and UK-EU withdrawal agreement | Practical Law

A note on the interpretation of retained EU law and assimilated law, the interpretation of the withdrawal agreement (and EU law referred to in it), and how the European Union (Withdrawal) Act 2018 resolves conflicts in favour of the withdrawal agreement. The note discusses the status in UK law of decisions made by the Court of Justice of the European Union (CJEU) before and after the end of the transition period, and the ability of UK courts to depart from CJEU decisions.

Interpretation of retained EU law and UK-EU withdrawal agreement

Practical Law UK Practice Note w-028-4754 (Approx. 53 pages)

Interpretation of retained EU law and UK-EU withdrawal agreement

by Practical Law Brexit
MaintainedEngland, European Union, Northern Ireland...Scotland, United Kingdom, Wales
A note on the interpretation of retained EU law and assimilated law, the interpretation of the withdrawal agreement (and EU law referred to in it), and how the European Union (Withdrawal) Act 2018 resolves conflicts in favour of the withdrawal agreement. The note discusses the status in UK law of decisions made by the Court of Justice of the European Union (CJEU) before and after the end of the transition period, and the ability of UK courts to depart from CJEU decisions.