EU Retained Law (Assimilated Law)
What 'retained EU law' is, how it has been re-labelled 'assimilated law' under the REUL Act 2023, and what remains in force.
소개
When the United Kingdom left the European Union on 31 December 2020 ('IP completion day'), the European Union (Withdrawal) Act 2018 prevented a legal vacuum by 'retaining' EU-derived law in the UK statute book. This corpus — 'retained EU law' — comprised EU regulations directly applicable in the UK, EU directives transposed into UK law, and Court of Justice case law treated as binding on lower UK courts. The Retained EU Law (Revocation and Reform) Act 2023 (REUL Act) renamed the corpus 'assimilated law', removed the principle of EU-law supremacy from 1 January 2024, and gave ministers broad powers to revoke or replace specific items. As of 2025, the REUL register lists thousands of items, many already revoked or amended. Practitioners must check whether a given regulation or directive-transposing SI is still in force and whether ECJ case law on its interpretation is still binding.
In Brief
Retained EU law is the body of EU law that continued to apply in the UK after 31 December 2020, when the transition period ended. The Retained EU Law (Revocation and Reform) Act 2023 re-labelled it 'assimilated law', abolished EU supremacy, and gave ministers powers to revoke or modernise specific items piecemeal. Retained ECJ case law remains binding on lower UK courts unless departed from by the Supreme Court or Court of Appeal.
핵심 원칙
European Union (Withdrawal) Act 2018 created the 'retained EU law' corpus on IP completion day.
REUL Act 2023 — re-labelled as 'assimilated law'; abolished supremacy; gave broad ministerial powers to revoke/replace.
Supremacy of EU law in the UK ended 31 December 2023 (REUL Act s.3).
Retained ECJ case law remains binding on lower courts unless departed from by the Supreme Court or Court of Appeal (REUL Act extends the courts that can depart).
The 'REUL Dashboard' (formerly: Retained EU Law Dashboard) publishes a register of all assimilated/retained law and tracks revocation.
Sunset and bonfire: the planned 31 December 2023 'sunset' of retained law was abandoned; instead, items are reviewed/revoked piecemeal.
핵심 법령
European Union (Withdrawal) Act 2018
European Union (Withdrawal Agreement) Act 2020
Retained EU Law (Revocation and Reform) Act 2023
주요 판례
Allister v Secretary of State for Northern Ireland
[2023] UKSC 5
Lipton v BA City Flyer
[2024] UKSC 24
TuneIn Inc v Warner Music UK
[2021] EWCA Civ 441
Frequently Asked Questions
Why isn't all retained EU law just gone?
Repealing thousands of regulations overnight would have created chaos. The 2023 Act abandoned the planned 'sunset' approach. Instead, items are reviewed, replaced, or revoked piecemeal as government departments work through them. The REUL Dashboard tracks progress publicly.
What was 'supremacy of EU law' and what replaced it?
Under s.4 of the 2018 Act, retained EU law took priority over inconsistent UK domestic law passed before IP completion day. From 1 January 2024 (REUL Act 2023 s.3), supremacy ended — UK statute now prevails over inconsistent retained EU law, regardless of date. The Act introduces priority and disapplication rules instead.
Are ECJ cases still binding on UK courts?
Retained ECJ case law decided before IP completion day generally binds lower UK courts, but the Supreme Court and Court of Appeal can depart from it. The REUL Act 2023 extended the courts that can depart (e.g. the Inner House of the Court of Session in Scotland). Post-IP-completion-day ECJ decisions are not binding but may be persuasive.
Where can I check whether an EU-derived regulation is still in force?
The REUL Dashboard on gov.uk (https://retained-eu-law-dashboard.cabinetoffice.gov.uk/) is the official register. legislation.gov.uk also flags assimilated/retained status on individual instrument pages. Be careful — items can be amended or revoked at short notice.
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