Retained EU Law and Assimilated Law Flashcards

These vocabulary flashcards cover the status, categories, and legal mechanisms of Retained EU Law and Assimilated Law in the UK following Brexit, as defined by the EUWA 2018 and REULA 2023.

IP completion day

Defined by the Withdrawal Agreement Act 2020 as 11.00pm on 31 December 2020, representing the end of the implementation/transition period.

Retained EU law

A category of English law created by the EUWA 2018 to preserve EU law as it existed at the date of the UK's exit from the EU to ensure legal continuity.

Assimilated law

The name given to retained EU law since 1 January 2024, following changes made by the Retained EU Law (Revocation and Reform) Act 2023 (REULA 2023).

EUWA 2018

The European Union (Withdrawal) Act 2018, which repealed the ECA 1972 and aimed to provide legal continuity by creating retained EU law.

REULA 2023

The Retained EU Law (Revocation and Reform) Act 2023, which made significant changes to the status, interpretation, and application of retained EU law starting from 1 January 2024.

EU-derived domestic legislation

Legislation preserved under Section 2 of the EUWA 2018, consisting of secondary and primary legislation enacted by the UK to implement EU obligations, such as the Equality Act 2010.

Direct EU legislation

Converted into UK law by Section 3 of the EUWA 2018, this includes EU Regulations and certain EU decisions that were operative and applied directly in the UK legal system before IP completion day.

Assimilated direct principal legislation

A sub-category of legislation retained under Section 3 that includes most EU Regulations; it is treated as primary legislation for the purposes of the Human Rights Act 1998.

Assimilated direct minor legislation

A sub-category of legislation retained under Section 3 covering EU tertiary legislation and decisions; it is treated as subordinate legislation for Human Rights Act 1998 purposes.

Assimilated EU case law

Principles and decisions laid down by the Court of Justice of the European Union (CJEU) before IP completion day in relation to assimilated law.

Assimilated domestic case law

Principles and decisions laid down by UK courts and tribunals before the end of IP completion day in relation to assimilated law.

Marleasing principle

The principle of consistent interpretation that required UK courts to interpret domestic legislation consistently with EU Directives; it was removed by REULA 2023 except for certain purposes like VAT and excise law.

Francovich damages

The principle of state liability giving individuals the right to claim damages from a Member State for breaches of EU law; the EUWA 2018 generally excluded this principle post-exit.

Deficiencies (in retained EU law)

Provisions in retained EU law that became inappropriate or non-functional due to the UK leaving the EU, such as references to the UK as a Member Member State or requirements to consult the European Commission.

Incompatibility order

As per Section 8 of REULA 2023, an order a court must issue if it finds a conflict between retained direct EU legislation (assimilated direct legislation) and domestic legislation.

Practice Statement (Judicial Precedent) [1966] 1 WLR 1234

The test applied by the Supreme Court and Court of Appeal when deciding whether to depart from assimilated EU case law.

Trade and Cooperation Agreement (TCA)

The free trade agreement governing the relationship between the UK and EU post-exit, providing for quota and tariff-free trade in goods.

Section 29 of the EU(FR)A 2020

A 'sweeping-up' mechanism which deems necessary modifications to be made to UK domestic law to implement the provisions of the Trade and Cooperation Agreement.

Withdrawal Agreement

A legally binding international treaty agreed in October 2019 setting the terms for the UK's exit, covering issues like citizens' rights, the financial settlement, and the Northern Ireland Protocol.

Section 7A of EUWA 2018

The provision that gives supremacy and direct effect to the Withdrawal Agreement in the UK legal system, similar to how the ECA 1972 functioned for EU Treaties.

EU Settlement Scheme

The scheme through which EU citizens resident in the UK must apply for residence status (such as 'settled status' after five years) to protect their rights under the Withdrawal Agreement.