Retained/ assimilated EU law after Brexit,

Question 1

What does EU Law include?

Answer 1

EU Regulations, Directives and other legal instruments that were in force in the UK at the time of Brexit

Question 2

What does Retained EU Law allow?

Answer 2

It allows the UK to maintain consistency in areas such as trade, employment and environmental standards, providing businesses and citizens with a familiar legal framework

Question 3

What is section 2 of the ECA 1972?

Answer 3

Secondary legislation made under section 2(2) ECA 1972 and which includes other domestic legislation which implemented EU obligations made prior to exit day

Question 4

‘Direct EU Legislation’ - section 3?

Answer 4

Covers notably EU Regulations and decisions.
- section 3(4) declares that it is the English language text of such legislation that will then be authoritative and the legislation which exists in other languages only will have no application in the UK

Question 5

What is section 5?

Answer 5

Provides that supremacy of EU Law over domestic which was the case before exit day remains for the domesticated EU law but not for EU Law enacted thereafter
- It also makes clear that the EU Chater of Fundamental Rights will no longer apply in the UK after exit day

Question 6

What is Section 6 of the ECA 1972?

Answer 6

Deals with the interpretation of retained EU law after exit day and provides that courts and tribunals are no longer bound by the rulings of the CJEU after exit. UK courts shall not make references to the CJEU after that day