Chapter 9 - Retained EU Law/Assimilated Law and the Withdrawal Agreement

Question 1

When did the UK join the European Communities, and what impact did EU law have on the UK legal system?

Answer 1

The UK joined the European Communities on 1 January 1973. Over time, EU law became deeply integrated into the UK legal system, influencing areas such as commercial law, employment law, environmental law, mergers and acquisitions, trade law, agriculture, consumer protection, public health, and tourism.

Question 2

What were the results of the UK’s 2016 referendum on EU membership?

Answer 2

The UK voted to leave the EU by a 52% to 48% margin in a referendum held on 23 June 2016. Subsequently, the UK’s exit occurred on 31 January 2020, following the Withdrawal Agreement reached between the UK and EU in October 2019.

Question 3

What was the purpose of the transition period following the UK’s exit from the EU?

Answer 3

The Withdrawal Agreement established a transition period ending on 31 December 2020. During this period, the UK was largely treated as an EU Member State, and EU law remained fully effective. This approach aimed to minimize disruptions to the UK legal system.

Question 4

What was the purpose of the European Union (Withdrawal) Act 2018 (EUWA 2018)?

Answer 4

To address the potential legal void resulting from the UK’s exit from the EU, the UK Parliament enacted the EUWA 2018. This Act introduced the concept of ‘retained EU law,’ preserving EU law as it stood at the time of the UK’s exit as a new category of English law.

Question 5

How did the European Union (Withdrawal Agreement) Act 2020 implement the Withdrawal Agreement into UK law?

Answer 5

The European Union (Withdrawal Agreement) Act 2020 implemented the Withdrawal Agreement through two mechanisms: amending the EUWA 2018 and introducing standalone provisions.

Question 6

What were the objectives of the Retained EU Law (Revocation and Reform) Act 2023 (REULA 2023)?

Answer 6

The UK Government perceived a need for a more assertive approach to reviewing, amending, or repealing retained EU law. Parliament subsequently passed REULA 2023, aiming to simplify the process of modifying retained EU law and eventually eliminate its special status within the UK legal system.

Question 7

What concerns were raised regarding the initial sunsetting provisions in REULA 2023?

Answer 7

The original REULA 2023 bill proposed revoking all retained EU law unless explicitly retained or preserved, raising concerns about the potential for unintentional omissions. Critics argued that some retained EU law instruments might expire unnoticed due to government departments failing to identify them. These sunsetting provisions were ultimately removed from the bill.

Question 8

What is the current status of retained EU law, now known as assimilated law?

Answer 8

As of November 2023, the UK government’s records indicated 6,757 individual pieces of retained EU law/assimilated law. Of these, 4,524 remained unchanged, 759 were amended, 1,369 were repealed, 39 were replaced, 62 expired, and the status of four was pending confirmation.

Question 9

How do the Trade and Cooperation Agreement (TCA) and the European Union (Future Relationship) Act 2020 (EU(FR)A 2020) affect the UK’s relationship with the EU?

Answer 9

The TCA governs the post-Brexit relationship between the UK and EU, covering trade, services, competition, state subsidies, transportation, energy, fisheries, data protection, and social security. While providing for quota- and tariff-free trade in goods, it introduces more trade barriers than during the UK’s EU membership.

Question 10

Explain the function of Section 29 of the EU(FR)A 2020.

Answer 10

Section 29 of the EU(FR)A 2020 is an unusual provision that serves as a sweeping mechanism for aligning UK domestic law with the TCA. It deems any necessary modifications to have been made to ensure compliance with the TCA.

Question 11

When did retained EU law come into effect, and what was its purpose?

Answer 11

To accommodate the transitional arrangements in the Withdrawal Agreement, retained EU law came into effect at the end of the transition period. This ‘snapshot’ of EU law in force in the UK immediately before IP completion day continued despite the UK’s exit, aiming to preserve legal continuity.

Question 12

What types of EU legislation can be converted into retained EU law?

Answer 12

Several types of EU legislation can be converted into retained EU law, including: Treaty articles, Regulations, Directives, Decisions.

Question 13

What are the main categories of retained EU law converted into assimilated law by REULA 2023?

Answer 13

The main categories are: EU-derived domestic legislation, Direct EU legislation, Rights etc arising under s 2(1) of the ECA 1972.

Question 14

What is EU-derived domestic legislation, and how is it preserved in retained EU law?

Answer 14

EU-derived domestic legislation refers to UK legislation, often secondary legislation like regulations, enacted to fulfill EU obligations, such as those outlined in EU Directives. Section 2 of the EUWA 2018 preserves this legislation to ensure continuity.

Question 15

Provide an example of EU-derived domestic legislation that is preserved as retained EU law.

Answer 15

The Working Time Regulations 1998/1833, enacted to implement the EU Working Time Directive, are an example of EU-derived domestic legislation preserved as retained EU law.

Question 16

What is direct EU legislation, and how does Section 3 of the EUWA 2018 address it?

Answer 16

Direct EU legislation, such as EU regulations and certain EU decisions, directly applied in the UK without requiring separate UK legislation. Section 3 of the EUWA 2018 converts direct EU legislation into domestic law, preserving its effect after the transition period.

Question 17

Provide an example of direct EU legislation that has become retained EU law.

Answer 17

Regulation (EC) 261/2004, which protects air passenger rights, is an example of direct EU legislation that became retained EU law.

Question 18

What is the purpose of Section 4 of the EUWA 2018 in the context of retained EU law?

Answer 18

Section 4 of the EUWA 2018 preserves rights, powers, liabilities, obligations, restrictions, remedies, and procedures recognized in UK law under the ECA 1972 before IP completion day.

Question 19

How does Section 4 of the EUWA 2018 address directly effective rights in EU treaties?

Answer 19

This section incorporates directly effective rights from EU treaties into retained EU law. An example is the right to equal pay for men and women as stated in Article 157 of the Treaty on the Functioning of the European Union (TFEU), which becomes a retained right.

Question 20

What is the impact of REULA 2023 on directly effective rights preserved under Section 4 of the EUWA 2018?

Answer 20

REULA 2023 repeals Section 4 of the EUWA 2018, abolishing the enforcement of directly effective rights arising from Treaty articles or directives before UK courts.

Question 21

How does REULA 2023 affect the interpretation of VAT and excise law?

Answer 21

The Finance Act 2024 stipulates that Section 4 of the EUWA 2018 remains applicable for interpreting VAT and excise law, meaning that the principle of consistent interpretation continues to apply in this area.

Question 22

Explain how EU Directives are addressed within the framework of retained EU law.

Answer 22

EU Directives are generally excluded from retained EU law as they are implemented into national law through domestic legislation, which is preserved as EU-derived domestic legislation.

Question 23

Describe the status of assimilated law under Section 7 of the EUWA 2018, as amended by REULA 2023.

Answer 23

EU law assimilated under Section 2 of the EUWA 2018 retains its status as primary or secondary legislation as it existed before IP completion day.

Question 24

What is the key distinction between assimilated direct principal legislation and assimilated direct minor legislation?

Answer 24

The critical difference lies in their treatment under the Human Rights Act (HRA) 1998. Assimilated direct principal legislation is treated as primary legislation, preventing its invalidation for incompatibility with Convention rights.

Question 25

Explain how Section 6 of the EUWA 2018, as amended by REULA 2023, addresses the interpretation of assimilated law.

Answer 25

This section stipulates that UK courts will determine the meaning of unmodified assimilated law based on relevant ‘retained case law.’

Question 26

Define ‘assimilated case law.’

Answer 26

Assimilated case law encompasses ‘assimilated domestic case law’ and ‘assimilated EU case law.’ Assimilated domestic case law refers to principles and decisions established by UK courts and tribunals before IP completion day.

Question 27

What is the role of the CJEU’s judgments in the context of assimilated law?

Answer 27

Despite the UK’s inability to refer questions of EU law to the CJEU under Article 267 TFEU, the CJEU’s judgments before IP completion day remain binding on UK courts below the Court of Appeal.

Question 28

Explain the concept of general principles of EU law and their relevance to retained EU law before REULA 2023.

Answer 28

General principles of EU law, recognized by EU case law, were retained to assist in interpreting retained EU law.

Question 29

What was the impact of REULA 2023 on retained general principles of EU law?

Answer 29

REULA 2023 abolished retained general principles of EU law.

Question 30

Explain the concept of state liability (Francovich damages) in the context of EU law.

Answer 30

The principle of state liability, often referred to as Francovich damages, allows individuals to claim damages from a Member State for failing to implement a Directive properly.

Question 31

What were the ‘deficiencies’ in retained EU law that Section 8 of the EUWA 2018 aimed to correct?

Answer 31

Deficiencies included provisions that became practically inapplicable after the UK left the EU, and provisions regarding functions previously handled by the EU on the UK’s behalf.

Question 32

What are some examples of deficiencies that could be corrected through secondary legislation?

Answer 32

Some examples include provisions requiring UK government consultations with the European Commission, which became irrelevant after the UK’s exit.

Question 33

Describe the limitations on the power to correct deficiencies in retained EU law.

Answer 33

The power was restricted to correcting deficiencies arising from the UK’s withdrawal from the EU and could not be used for substantive changes to retained EU law.

Question 34

Explain the concept of the supremacy of retained EU law before REULA 2023.

Answer 34

While EU law itself lost supremacy over UK law after IP completion day, retained EU law maintained a limited supremacy in specific situations.

Question 35

How did REULA 2023 alter the supremacy of retained EU law?

Answer 35

REULA 2023 abolished the supremacy of retained EU law. This means that, in cases of conflict, domestic enactments now take precedence over assimilated direct legislation.

Question 36

What criticisms were raised regarding the abolition of retained EU law’s supremacy?

Answer 36

The Bar Council criticized the move, arguing that it creates legal uncertainty by retrospectively changing the effects of domestic legislation in ways unforeseen by the legislator.

Question 37

What is the impact of REULA 2023 on the principle of consistent interpretation?

Answer 37

REULA 2023 removes the principle of consistent interpretation, meaning that UK courts are no longer obligated to interpret UK regulations implementing EU Directives in line with those Directives.

Question 38

What is the impact of REULA 2023 on the principle of consistent interpretation?

Answer 38

REULA 2023 removes the principle of consistent interpretation, meaning that UK courts are no longer obligated to interpret UK regulations implementing EU Directives in line with those Directives. While the Directive’s existence might be considered as an extrinsic aid, courts are no longer bound by it.

Question 39

How can ministers address the effects of the abolished supremacy principle and general principles in the context of assimilated law?

Answer 39

Although they cannot reinstate supremacy or general principles directly, ministers can use statutory instruments to reproduce similar effects. For instance, a minister can specify that a provision in assimilated direct legislation overrides a specific domestic enactment.

Question 40

Describe ‘incompatibility orders’ introduced by REULA 2023.

Answer 40

When a court identifies a conflict between retained direct EU legislation and domestic legislation, it must issue an incompatibility order. These orders grant courts flexibility in defining the legal consequences of the incompatibility. The order can prioritize one provision, delay its effect, or modify the application of the provision. However, courts cannot alter the hierarchy between conflicting laws.

Question 41

Explain the grounds on which assimilated law can be challenged.

Answer 41

EU-derived domestic legislation that falls under assimilated law can be challenged on the same grounds as other secondary legislation, such as those related to administrative law and human rights. However, assimilated EU law cannot be challenged based on the invalidity of the original EU instrument, except when the CJEU had already declared the instrument invalid before IP completion day.

Question 42

How should UK courts approach the application of retained EU law, as guided by the Lipton & Anor v BA City Flyer Ltd case?

Answer 42

The Court of Appeal, in this case, outlined the following steps:

• Determine the status of the relevant EU regulation and its inclusion in retained EU law.
• Identify any amendments made by domestic UK legislation.
• Apply a purposive interpretation to retained EU law.
• Consider pre-IP completion day CJEU case law.
• Consider relevant general principles of EU law established in pre-IP completion day case law.
• Analyze any amendments or supersession by the TCA and EU(FR)A 2020.

Question 43

Outline the key points in approaching assimilated law.

Answer 43

The approach to assimilated law will likely mirror that applied to retained EU law in the Lipton case, with the following adjustments:

• General principles of EU law are no longer considered following their abolition by REULA 2023.
• A purposive approach will likely continue, but the principle of consistent interpretation (Marleasing principle) is no longer applicable.

Question 44

What power do UK courts have to depart from retained EU case law (now assimilated EU case law)?

Answer 44

The EUWA 2018 initially granted the power to depart from retained EU case law only to the UK Supreme Court and the High Court of Justiciary in Scotland (in final criminal appeal cases). However, this power was extended to the Court of Appeal and equivalent courts through regulations.

Question 45

What test should courts apply when deciding whether to depart from retained EU case law?

Answer 45

Courts must apply the same test used to determine whether to depart from their own case law.

Question 46

How have UK courts approached the power to depart from assimilated EU case law?

Answer 46

Courts have generally exercised this power cautiously, prioritizing legal certainty and recognizing that judicial decisions have retrospective effects. They are more likely to defer to the legislature for changes, as statutes usually apply prospectively.

Question 47

What factors did the Court of Appeal consider in the TuneIn Inc v Warner Music UK Ltd case when deciding whether to depart from CJEU case law?

Answer 47

The Court of Appeal considered the following factors:

• Lack of changes in domestic legislation (retained EU law)
• Absence of modifications in the international legislative framework
• Complexity of interpreting the relevant provision
• CJEU’s expertise and developed jurisprudence
• Mixed academic opinions on the CJEU’s view
• Irrelevance of jurisprudence from other countries with different statutory frameworks
• Potential for legal uncertainty and limited practical benefits from departing from CJEU case law.

Question 48

What is the significance of the Industrial Cleaning v Intelligent Cleaning Equipment case in the context of departing from CJEU case law?

Answer 48

In this case, the Court of Appeal departed from a CJEU decision because the CJEU’s judgment lacked analysis and consistency with other cases.

Question 49

Explain the concept of departing from retained domestic case law.

Answer 49

The Court of Appeal and equivalent courts have the authority to depart from assimilated domestic case law. While this power theoretically allows them to depart from Supreme Court judgments, it has not been exercised in practice.

Question 50

What new test does REULA 2023 introduce for departing from assimilated EU case law?

Answer 50

REULA 2023 sets out a new, non-exhaustive list of factors for the Supreme Court and Court of Appeal to consider, including:

• The non-binding nature of foreign court decisions
• Relevant changes in circumstances
• The extent to which the assimilated EU case law hinders the development of domestic law.

Question 51

How does REULA 2023 address lower courts’ inability to depart from assimilated EU case law?

Answer 51

REULA 2023 introduces a referral system allowing lower courts to refer points of law related to assimilated EU case law to higher courts for a decision, particularly when bound by the case law and the issue is of public importance. Law officers in the UK government and devolved administrations also have the power to refer such points.

Question 52

How does REULA 2023 affect the binding nature of CJEU judgments issued after IP completion day?

Answer 52

Section 6(1) of the EUWA 2018 states that UK courts are no longer bound by CJEU principles or decisions issued after IP completion day. While these judgments might have persuasive value, assimilated EU case law only includes pre-IP completion day judgments.

Question 53

Explain the ministerial powers granted by REULA 2023 regarding assimilated law.

Answer 53

REULA 2023 provides ministers with powers to:
* Restate secondary retained EU law
* Restate secondary assimilated law
* Reproduce directly effective rights from Section 4 of the EUWA 2018.

Question 54

Describe the limitations and objectives of ministerial powers in restating retained EU law/assimilated law.

Answer 54

Ministers cannot reintroduce the principles of supremacy or general principles directly, but can reproduce equivalent effects. Restatement efforts can focus on resolving ambiguities, addressing doubts or anomalies, and enhancing clarity and accessibility.

Question 55

What are the ministerial powers related to revoking or replacing retained EU law/assimilated law?

Answer 55

Ministers can:
* Revoke it without replacement
* Revoke and restate it
* Revoke and replace it with a provision that achieves the same or similar objectives.

Question 56

Describe the status of restated or replaced retained EU law/assimilated law.

Answer 56

Restated or replaced retained EU law/assimilated law is incorporated into a domestic statutory instrument and is no longer considered part of retained EU law or assimilated law. Consequently, the statutory instrument is treated as domestic law, subject to standard principles of statutory interpretation and precedent, rather than rules governing assimilated law.

Question 57

What concerns have been raised regarding the ministerial powers granted by REULA 2023?

Answer 57

The House of Lords’ Secondary Legislation Scrutiny Committee has criticized these powers as excessively broad, citing concerns about insufficient consultation and parliamentary scrutiny. The committee highlights the significant impact of secondary assimilated law, despite the requirement for parliamentary approval for changes to primary assimilated law.

Question 58

How has REULA 2023 affected the terminology used for retained EU law?

Answer 58

REULA 2023 has introduced several changes to the terminology:

• Retained EU law is now called assimilated law
• Retained case law is now called assimilated case law
• Retained direct EU legislation is now called assimilated direct legislation
• Retained direct minor EU legislation is now called assimilated direct minor legislation
• Retained direct principal EU legislation is now called assimilated direct principal legislation
• Retained domestic case law is now called assimilated domestic case law
• Retained EU case law is now called assimilated EU case law.

Question 59

Summarize the main provisions of the Withdrawal Agreement.

Answer 59

The Withdrawal Agreement, which entered into force on 1 February 2020, outlines the terms of the UK’s exit from the EU. Key areas covered include:

• Citizens’ rights, protecting the rights of UK and EU citizens residing in each other’s territories at the end of the transition period
• The financial settlement, obligating the UK to honor its financial commitments as an EU Member State
• The Northern Ireland Protocol, aimed at avoiding a hard border between Northern Ireland and the Republic of Ireland
• Governance and dispute resolution mechanisms, including a joint committee and an arbitration process.

Question 60

How does the Withdrawal Agreement address the application of its provisions and incorporated EU law in the UK?

Answer 60

Article 4 of the Withdrawal Agreement grants the Agreement’s provisions and incorporated EU law the same effect in UK law as within the EU and its Member States. This allows individuals and businesses to directly rely on provisions meeting the criteria for direct effect under EU law.

Question 61

Explain the enforcement of rights arising from the Withdrawal Agreement in the UK.

Answer 61

Section 7A of the EUWA 2018, inserted by the Withdrawal Agreement Act 2020, mirrors the ECA 1972’s provisions for enforcing rights under EU treaties, granting supremacy to the Withdrawal Agreement. Direct effect continues to play a role in UK law, although its scope is now more limited.

Question 62

How does the Withdrawal Agreement address the rights of EU citizens residing in the UK?

Answer 62

While most EU legislation on free movement of persons is not part of retained EU law, the Withdrawal Agreement preserves the rights of EU citizens residing in the UK at the end of the transition period. These citizens can rely on EU law incorporated into the Withdrawal Agreement to assert their right to reside in the UK.

Question 63

Explain the role of Article 267 references in the context of the Withdrawal Agreement’s citizens’ rights provisions.

Answer 63

UK courts retain the discretionary power to make Article 267 references concerning the citizens’ rights provisions for up to eight years after the transition period. Unlike during EU membership, references are not mandatory. If a UK court makes a reference, it is bound by the CJEU’s ruling.

Question 64

What is the significance of the direct effect of the citizens’ rights provisions in the Withdrawal Agreement?

Answer 64

Direct effect enables UK and EU citizens, and their family members, to rely on the Withdrawal Agreement’s provisions even if national implementing legislation is flawed. For example, if UK immigration law denies an EU citizen rights granted by the Agreement, they can seek enforcement in a UK court.

Question 65

Explain the concept of free movement of persons within the EU as outlined in the TFEU and Directive 2004/38.

Answer 65

The TFEU grants EU citizens the right to move and reside freely within Member States, subject to specific limitations and conditions. Article 45 TFEU guarantees free movement of workers, prohibiting discrimination based on nationality. Directive 2004/38 strengthens these rights, outlining specific provisions for residence, entry, and family members.

Question 66

What rights do EU workers have regarding residence and employment in other Member States?

Answer 66

EU workers have an absolute right to reside in a host Member State while employed. Involuntary unemployment is protected under Directive 2004/38, which guarantees a right of residence for citizens with sufficient resources and potential CSI. Permanent disability and retirement age also maintain the right of residence under this Directive.

Question 67

Describe the employment terms that an EU national can expect in a host Member State.

Answer 67

EU nationals are entitled to the same terms as nationals of the host state, including non-discrimination regarding conditions of work and employment. This principle extends to areas like dismissal, social and tax advantages, training, and union membership.

Question 68

Summarize the social security rights of EU nationals working in other Member States.

Answer 68

Regulation 883/2004 governs social security rights, guaranteeing EU nationals social security benefits in the host state. Entitlement to contribution-based benefits considers contributions made in the home state and other Member States where the worker has been employed. The regulation does not harmonize benefit levels across the EU.

Question 69

What is the right of entry for EU nationals seeking work in other Member States?

Answer 69

EU law recognizes the right of EU nationals to enter a host state to seek employment. Directive 2004/38 grants a three-month right of residence for this purpose, but job seekers might still have a right of residence beyond that period if they have reasonable prospects of finding work.

Question 70

When are Member States allowed to derogate from the free movement rights of EU nationals?

Answer 70

Article 45(3) TFEU allows Member States to restrict free movement on the grounds of public policy, public security, and public health. However, the Court of Justice has interpreted these derogations narrowly, and Directive 2004/38 emphasizes that only personal conduct can justify restrictions.

Question 71

Explain the restrictions Member States can impose on employment for EU nationals.

Answer 71

Article 45(4) TFEU exempts public service employment from the general free movement rights. The Court of Justice has interpreted this exemption strictly to apply only to positions involving official authority and safeguarding state interests.

Question 72

How are the free movement rights of EU nationals enforced?

Answer 72

EU nationals facing entry or residence rights refusals can invoke their EU rights before relevant authorities or courts, or use them as a defense in deportation proceedings. Those experiencing employment discrimination can pursue remedies through national procedures in the host state, such as employment tribunals.

Question 73

What is the purpose of the EU Settlement Scheme in the UK?

Answer 73

The EU Settlement Scheme, implemented under the Withdrawal Agreement, requires EU citizens residing in the UK to obtain pre-settled or settled status to maintain their right to live in the UK. Failure to apply by the deadline results in losing this right.

Question 74

Explain the distinction between settled status and pre-settled status under the EU Settlement Scheme.

Answer 74

Settled status, akin to permanent residence, is available to EU citizens with five or more years of continuous residence in the UK. Pre-settled status applies to those with less than five years of residence, allowing them to stay for an additional five years and apply for settled status afterward.

Question 75

What was the outcome of the R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department case?

Answer 75

The Administrative Court declared unlawful the UK government’s requirement for EU citizens with pre-settled status to reapply for settled status before their pre-settled status expired. The court invoked the direct effect of the Withdrawal Agreement, affirming the protection of EU citizens’ rights under the Agreement.

Question 76

What is the significance of the AT v Secretary of State for Work and Pensions case?

Answer 76

The Court of Appeal ruled that the Charter of Fundamental Rights applies to EU citizens holding pre-settled status, emphasizing the continued relevance of fundamental rights for this group. The Secretary of State, therefore, must consider these rights when making decisions, such as those related to universal credit.

Question 77

What is the potential impact of the Re Dillon (Northern Ireland Troubles (Legacy and Reconciliation) Act 2023) case?

Answer 77

If upheld on appeal, this case could significantly influence the interpretation of the Withdrawal Agreement, particularly concerning the protection of victims’ rights. The Northern Ireland High Court disapplied parts of the Legacy Act that violated the Victims’ Directive, citing the Withdrawal Agreement’s provision against diminishing such protections.

Question 78

What rights are associated with settled and pre-settled status in the UK, besides the right of residence?

Answer 78

Settled and pre-settled status also secure rights like the right to work, access public services, and protection from nationality-based discrimination. The Withdrawal Agreement empowers national legislation to determine whether the UK government can expel EU citizens with these statuses.

Question 79

How did the UK government address the CSI requirement for EU citizens under the Withdrawal Agreement?

Answer 79

Although Directive 2004/38 mandated CSI for students and persons of sufficient resources to acquire residence rights, the UK government waived this requirement for applicants under the EU Settlement Scheme. The ECJ also ruled that access to the UK National Health Service fulfilled the CSI requirement.

Question 80

Can UK legislation override the provisions of the Withdrawal Agreement?

Answer 80

The EUWA 2018 grants the Withdrawal Agreement direct effect, meaning its provisions take precedence over conflicting UK statutes unless the statute explicitly and unequivocally overrides the Agreement. Parliament’s sovereignty allows it to legislate contrary to international treaties, potentially leading to breaches of international law.

Question 81

Summarize the key takeaways from the source regarding retained EU law, now assimilated law, and the Withdrawal Agreement.

Answer 81

The EUWA 2018 introduced the concept of ‘retained EU law’ to maintain legal continuity after the UK’s exit from the EU. REULA 2023 renamed it ‘assimilated law’ and made significant changes to its status and interpretation. The Withdrawal Agreement, particularly its citizens’ rights provisions, remains relevant in the UK legal system, often having direct effect. Understanding the interplay between these elements is crucial for comprehending the lasting impact of EU law in the UK.