Trevor Tayleur discusses some significant exclusions from the scope of retained EU law post-Brexit
- The Repeal Bill will convert much of existing EU law into domestic UK as ‘retained EU law’.
- However, there are some significant exclusions from the scope of retained EU law. These could have a significant effect on the ability of individuals to enforce their existing EU rights post-exit.
Retained EU law will become an important concept for UK lawyers when the UK leaves the EU. In order to preserve a functioning UK statute book upon the UK’s exit, the European Union (Withdrawal) Bill (the Repeal Bill) will convert swathes of EU law as it exists on the date of exit into domestic UK law. The Repeal Bill labels all such law as ‘retained EU law’. Retained EU law will be a body of law with its own distinct characteristics, so it is important to know what it will encompass. According to the Repeal Bill, its main elements will be:
EU-derived domestic legislation
This will consist chiefly of secondary legislation adopted pursuant to s 2(2) European Communities
