The Legal Empowerment Blog
Understanding EU Legislation and Its Impact on UK Law Post-Brexit
The United Kingdom (UK) officially ceased being a member of the European Union (EU) on January 31, 2020. Since then, the UK has navigated a complex legal transition as it has separated itself from the EU's regulatory framework. However, as of December 31, 2020, EU legislation that applied to the UK on that date was retained as part of domestic UK law. This retained legislation is now accessible on legislation.gov.uk, ensuring that the transition remains transparent and manageable.
EU legislation that was in force on December 31, 2020, has been transformed into what is known as "retained EU legislation." This encompasses various legal instruments like EU Regulations, Decisions, and Directives, which now sit under the UK's domestic legal system. Such legislation governs a wide range of areas—from trade and travel to business operations and personal matters—making it crucial for individuals and businesses to stay informed. Some EU laws, such as Regulations and Decisions, were directly applicable in the UK before Brexit. These types of laws no longer require further domestic action, as they have been integrated directly into UK law post-Brexit. For example, certain Regulations originally published by the EU have been carried over, and these documents are now available on legislation.gov.uk.
The Withdrawal Agreement between the UK and the EU outlined the framework for the UK's exit and transition, including an implementation period during which EU laws continued to apply. With the conclusion of the implementation period at 11:00 p.m. on December 31, 2020, all EU law that applied to the UK at that time was retained in UK law. This shift is managed through the European Union (Withdrawal) Act 2018 and its amendments, ensuring continued legal consistency.
Since the end of 2023, the status of "retained EU legislation" has evolved into what is now referred to as "assimilated law," governed by the Retained EU Law (Revocation and Reform) Act 2023.
How to Access the Legislation
Legislation originating from the EU is now published on legislation.gov.uk, which consolidates and updates these laws. You can access the full range of EU-derived legislation, including amendments, corrections, and point-in-time versions, directly from this platform. The EU Exit Web Archive serves as an additional resource, providing historical snapshots of EU law as it stood at the end of 2020.
For those seeking to understand the ongoing impact of retained EU law, it's important to recognize that changes may occur as the UK Parliament revises these laws. Legal professionals and businesses should regularly consult the gov.uk and legislation.gov.uk websites to stay updated.
Specifics for Northern Ireland
One particularly complex area of EU legislation's continuation involves Northern Ireland. The Northern Ireland Protocol ensures that some EU laws still apply in Northern Ireland, to maintain a seamless border with the Republic of Ireland. This area of law remains particularly sensitive, and stakeholders need to be aware of specific legislation that may still impact Northern Ireland’s legal framework.
What You Need to Do
If you are looking for guidance on adapting to changes resulting from Brexit, visit the gov.uk/transition page for practical advice and instructions. This includes vital information for businesses, families, and individuals on how to manage the transition from EU rules to UK domestic law.
In conclusion, while the UK is no longer a part of the European Union, EU legislation continues to play a significant role in UK law. Understanding and staying updated with this legislation is essential for ensuring compliance and navigating the post-Brexit legal landscape effectively.
For more information and to explore the complete body of retained EU legislation, visit legislation.gov.uk and gov.uk/transition.
The voter turnout varied across the regions
In England, the turnout was 73.0%
0
%
in Northern Ireland, it was 62.7%,
0
%
in Scotland, it was 67.2%
0
%
in Wales, the turnout was 71.7%.
0
%
