EU Law in the UK Constitution

Question 1

What is “retained EU law”

Answer 1

A body of UK law that is basically a “snapshot” of all EU law that was part of UK laws as of December 31, 2020 (i.e., the end of the transition period).

Question 2

What is the difference between “assimilated law” and “retained EU law”?

Answer 2

Assimilated law is what was left over after the EU Act 2023 repealed more than 500 pieces of retained EU law.

I.e., Assimilated law is the parts of retained EU law that made it into UK law post-Brexit.

Question 3

What is “Assimilated Direct Legislation”?

Answer 3

Retained EU laws that were automatically binding on member states without domestic legislation being passed.

Question 4

What is supreme, UK Law or Assimilated Direct Legislation?

Answer 4

UK Law (but ministers can make exceptions via regulations)

All assimilated direct legislation must be read in a way that is compatible with other forms of legislations, or else UK law will prevail.

Question 5

When did the Withdrawal Agreement take effect?

Answer 5

31 Jan 2020

Question 6

When did the UK stop becoming bound by EU Law?

Answer 6

Dec 31, 2020 (end of the transition period)

Question 7

What are the two kinds of “Assimilated Case Law?”

Answer 7

Assimilated EU Case Law: CJEU decisions before the end of the transition period.

Assimilated Domestic Case Law: Decisions of UK courts before the end of the transition period

Question 8

Can a UK court depart from Assimilated EU Case Law?

Answer 8

YES

Any Assimilated EU case law is NOT binding on the Court of Appeals of the Supreme Court.

Question 9

Can a UK court depart from Assimilated Domestic Case Law?

Answer 9

YES

Court of Appeals + Supreme Court may do so