Anaya Nolan
The number of EU laws imposed on the UK has been a contentious issue, with various figures being quoted by politicians and campaigners. Boris Johnson, for instance, has repeatedly claimed that 60% of UK laws are imposed by the EU. This figure has been deemed misleading and unscientific by experts. The impact of EU laws on the UK varies across sectors, with a more significant influence in areas like workers' rights and trade due to the EU's focus on the single market and free movement of workers. While the UK's withdrawal from the EU initiated a process of reviewing and revoking EU laws, the specific nature of its future relationship with the EU will determine the extent of EU influence on UK regulations.
| Characteristics | Values |
|---|---|
| Percentage of UK laws that are influenced by the EU | 13%-64.7% |
| Number of EU laws the UK planned to revoke by the end of 2023 | 600 |
| Number of EU instruments the UK plans to revoke or reform in 2024 | 500 |
| Percentage of remaining EU laws amended, repealed or replaced as of 2024 | 33% |
| Number of remaining EU laws as of 2024 | 6,757 |
| Number of EU laws that will be revoked, reformed, amended, repealed or replaced by June 2026 | >50% |
| Countries that implement EU laws without being member states | Switzerland, Norway |
| Types of EU legislation | Regulations, Decisions, Directives |
| Example of an EU regulation | EU Emissions Trading Scheme |
| Example of an EU directive | Directive 2009/28/EC |
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What You'll Learn
UK laws influenced by the EU
The true extent of the influence of EU laws on UK laws is difficult to calculate. The percentage of UK laws influenced by EU laws has been a topic of debate, with estimates ranging from 13% to 64.7%. The higher estimates have been criticised as misleading, as they include all EU regulations without distinguishing between legislative regulations and non-legislative ones. Many EU regulations, such as those governing tobacco and olive oil production, are agreed upon by all member states but do not actually affect the UK as those industries are not present in the country. Additionally, some EU regulations simply codify existing UK laws at a European level.
However, it is undeniable that EU laws have had a significant influence on UK laws in certain areas. Between 1990 and 2017, a total of 52,741 laws were introduced in the UK as a result of EU legislation. Areas of UK law most influenced by the EU include trade, agriculture, financial services, and the environment. For example, the EU Climate and Energy "20-20-20" Package included laws implementing the EU Emissions Trading Scheme to cut greenhouse gas emissions from major industries and various financial incentives to achieve 15% of UK energy from renewables. The Working Time Directive gave workers in the UK the right to a minimum holiday entitlement each year and limited the working week to 48 hours. The Temporary Agency Workers Directive sought to give equal rights to agency employees and permanent employees carrying out the same job within a business.
Following the UK's withdrawal from the EU, the implementation period, during which EU law continued to apply in the UK, expired on 31 December 2020. EU legislation that applied directly or indirectly to the UK before this date was retained in UK law as 'retained EU legislation'. After the end of 2023, 'retained EU law' became known as 'assimilated law'. The UK's future relationship with the EU will determine the extent to which the UK continues to implement EU laws.
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EU laws affecting UK trade
The impact of EU law on UK trade is significant, and the UK's departure from the EU has resulted in new challenges and considerations for businesses and individuals trading with EU member states.
The Trade and Cooperation Agreement (TCA) between the UK and the EU, which came into effect on January 1, 2021, sets out the terms of trade and ensures no tariffs or quotas on goods moving between the two markets. However, businesses must demonstrate the origin of their goods to benefit from the TCA's zero-tariff provision, and compliance with rules of origin can be challenging.
The UK's departure from the EU customs union and single market has resulted in changing import and export procedures, particularly for agrifood goods. The UK's new Border Target Operating Model (BTOM) outlines a risk-based approach to imports, including identity and physical checks for agrifood goods. The UK and EU have agreed to establish an SPS (sanitary and phytosanitary) area to facilitate trade in agrifood products, removing border checks and certification requirements for most goods in this category.
EU laws that previously affected UK trade include the EU Emissions Trading Scheme, which aimed to reduce greenhouse gas emissions from major industries, and the Working Time Directive, which gave workers rights such as minimum holiday entitlement and a 48-hour workweek. The EU-UK Trade and Cooperation Agreement now addresses areas such as trade in goods and services, digital trade, intellectual property, public procurement, aviation, road transport, energy, and fisheries.
The UK's future relationship with the EU will continue to evolve, and the nature of their trade agreements will determine the extent to which the UK remains influenced by EU laws and regulations. Switzerland and Norway, despite not being EU members, implement many EU laws due to the nature of their trade agreements. The UK's dynamic with the EU may follow a similar path, impacting the legal landscape for trade.
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UK laws post-Brexit
The UK's relationship with the EU has been a topic of debate for many years, with some arguing that a substantial majority of British laws are imposed by Brussels. While the exact number is hard to pinpoint, estimates range from 13% to 64.7%. However, it is worth noting that these figures may be misleading, as not all EU regulations affect the UK, and some simply codify existing UK laws.
Following the UK's decision to leave the EU, the country's lawmakers faced the challenge of navigating the post-Brexit landscape. The 2018 European Union (Withdrawal) Act (EUWA) provided a new constitutional framework for the continuity of 'retained EU law' in the UK, ensuring that there would be no legal vacuum post-Brexit. This act, along with the 2023 Retained EU Law (Revocation and Reform) Act, modified the legal framework, removing the special features of EU law and renaming it 'assimilated law'.
While the UK is no longer bound by new EU laws, some EU-based case law from judgments handed down before Brexit remains binding on UK lower courts. This has resulted in a degree of uncertainty, as courts interpret legislation without the framework of EU law, potentially leading to increased litigation as people seek clarity.
The UK's post-Brexit trade deal with the EU, which came into effect on December 31, 2020, sets out a new business and security relationship with the bloc. The deal preserves tariff- and quota-free access to the EU market for UK goods, but excludes key service industries like finance. Despite criticism of the deal being "thin" and rushed, it marked a significant milestone in the UK's journey outside of the EU, with Prime Minister Boris Johnson touting it as a step towards taking "control of our laws and our national destiny."
In conclusion, while the exact number of EU laws imposed on the UK pre-Brexit is hard to determine, EU law had a significant presence and impact on UK legislation. Post-Brexit, the UK has worked to establish its independence from EU laws, creating new regimes in areas such as agriculture and subsidy control. The UK's legal system continues to navigate the challenges of interpreting legislation without EU frameworks, while the post-Brexit trade deal sets the tone for the future relationship between the UK and the EU.
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Northern Ireland Protocol
The Northern Ireland Protocol (NIP), or the Protocol on Ireland/Northern Ireland, is a protocol to the Brexit withdrawal agreement that outlines Northern Ireland's post-Brexit relationship with the EU and Great Britain. The protocol came into effect on January 1, 2021, as part of the EU-UK Withdrawal Agreement, an international treaty between the EU and the UK.
The NIP addresses the unique circumstances of the island of Ireland, regulating trade in goods between Northern Ireland and the rest of the UK. Under the protocol, Northern Ireland remains in the EU single market for goods, maintaining an open border with the Republic of Ireland. This open border was a crucial aspect of the Northern Ireland Peace Process and the Good Friday Agreement, which ended the conflict in Northern Ireland.
The protocol creates a de facto customs border in the Irish Sea between Northern Ireland and Great Britain. This arrangement has been a source of concern for Unionist parties in Northern Ireland, who objected to the protocol and initially obstructed its implementation. In response, the EU and the UK agreed to the Windsor Framework in 2022-2023, which modified the operation of the protocol. Despite these changes, the Democratic Unionist Party (DUP) continued to block the functioning of the Northern Ireland Assembly until a deal was endorsed in January 2024.
The Northern Ireland Protocol ensures the free movement of goods between Northern Ireland and the Republic of Ireland, without physical checks or controls. Goods moving between Northern Ireland and Great Britain are subject to paperwork and checks to ensure compliance with relevant EU laws. The protocol also commits the UK to uphold individual rights, equality protections, and non-discrimination laws outlined in the Good Friday Agreement and EU equality laws. Additionally, it allows Northern Ireland to be included in the UK's Free Trade Agreements and continue participating in the all-Island Single Electricity Market.
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UK laws during the transition period
The UK left the European Union on 31 January 2020 and immediately entered a transition period that ended on 31 December 2020. During this time, the UK continued to be part of the EU single market, customs union, and EU security cooperation arrangements. The UK remained subject to the European Court of Justice (ECJ) and continued to follow most EU laws in the same way as before. However, the UK lost its representation and voting rights in EU institutions.
The Withdrawal Agreement, ratified by both the UK and EU, governed the transition period. It ensured the continued protection of existing EU-level intellectual property (IP) rights in the UK, including EU Trade Marks (EUTM) and Registered Community Designs (RCD). The UK intellectual property system remained unchanged during the transition period, with the IPO converting EU trade marks and designs to comparable UK rights at its end.
The Withdrawal Agreement also addressed the dynamic application of EU law in the UK. While Section 1 of the European Union (Withdrawal) Act 2018 initially repealed the European Communities Act 1972 (ECA) on exit day, the transition period complicated this. Clause 1 of the Withdrawal Agreement Bill (WAB) inserted a new section, delaying the repeal of the ECA until the transition period's end. This allowed UK courts to continue referring matters to the ECJ and ensured the continued application of EU-derived domestic legislation.
The transition period also saw the UK classified as a 'third country' by the EU, meaning it was no longer considered a member state and lost its representation in EU institutions. The UK-EU Joint Committee oversaw the application of the Withdrawal Agreement and could have extended the transition period by up to two years, but this option was not pursued.
In summary, during the transition period, the UK remained subject to most EU laws and the jurisdiction of the ECJ while losing its voting rights and representation in EU institutions. The Withdrawal Agreement ensured the continuity of intellectual property rights and addressed the dynamic application of EU law through the delayed repeal of the ECA. The transition period ended on 31 December 2020, concluding the UK's immediate adherence to EU laws and marking the start of its independent path outside the EU.
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Frequently asked questions
It is difficult to determine the exact number of EU laws imposed on the UK, but it is estimated to be more than 13% and less than 62%. This percentage includes EU regulations, EU-related Acts of Parliament, and EU-related Statutory Instruments.
The variation in estimates depends on what is included in the calculation. For example, some calculations may only consider EU regulations that directly affect the UK, while others may also count EU directives, which set out aims for member states to achieve through their own legislation.
As an EU member state, the UK was required to adopt EU regulations, which automatically applied to all member states. EU directives, on the other hand, were implemented into UK law through domestic legislation, such as Acts of Parliament or Statutory Instruments.
Following the UK's withdrawal from the EU, the government has been working to revoke or reform EU laws. By the end of 2023, the government planned to revoke around 600 EU laws, with a goal of reviewing or repealing over half of the remaining laws by June 2026.
Yes, the UK will still need to follow some EU laws due to its trade agreements with the EU. Additionally, the Northern Ireland Protocol sets out circumstances in which EU legislation may continue to apply to Northern Ireland to maintain cooperation with the Republic of Ireland and avoid a hard border.
