Keith Mack
The United Kingdom was a member state of the European Union from 1973 until 2020, when it officially left the EU at 23:00 GMT on 31 January 2020. During its time as a member state, the UK had a significant influence on EU policies, not only through voting but also through negotiations over the text of draft laws. Official EU voting records show that since 1999, the British government has voted 'No' to laws passed at the EU level on 56 occasions, abstained 70 times, and voted 'Yes' 2,466 times. This means that UK ministers were on the winning side 95% of the time and were on the losing side only 2% of the time. While the UK has successfully vetoed a number of EU laws, it is important to note that the UK's influence on EU policies extended beyond formal voting procedures. The UK had four opt-outs in place before leaving the Union, the most of any EU member state, making it the least integrated member state. These opt-outs allowed the UK to exempt itself from certain policy areas, such as the Schengen Agreement and the Social Chapter of the Maastricht Treaty.
| Characteristics | Values |
|---|---|
| Number of times the UK government voted 'No' to laws passed at the EU level since 1999 | 56 |
| Number of times the UK government abstained from voting since 1999 | 70 |
| Number of times the UK government voted 'Yes' since 1999 | 2,465 |
| Percentage of times the UK government has been on the "winning side" since 1999 | 95% |
| Percentage of times the UK government abstained from voting since 1999 | 3% |
| Percentage of times the UK government has been on the "losing side" since 1999 | 2% |
| Number of votes between 1996 and 1998 where the UK was on the losing side | 16 |
| Total number of times the UK was on the losing side as per Vote Leave campaign | 72 |
| Number of times the UK government has been outvoted on budgetary matters | Several |
| Number of times the UK has vetoed EU membership applications | 2 |
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What You'll Learn
UK's influence on EU laws
The UK has had a significant influence on EU laws, both through its voting power and its negotiation skills. Official EU voting records show that since 1999, the UK has voted 'No' to laws passed at the EU level 56 times, abstained 70 times, and voted 'Yes' 2,466 times. This means that UK ministers were on the "winning side" 95% of the time and were only on the losing side 2% of the time.
However, it is important to note that the UK's influence on EU laws goes beyond just voting. EU laws pass through several stages of negotiations in the Council and the European Parliament, and the UK has historically been very skilled in negotiating over the actual text of a draft law. Additionally, the UK has had a flexible opt-out from legislation in the area of freedom, security, and justice, allowing it to opt in or out of specific legislative initiatives. Before leaving the EU, the UK had four opt-outs in place, the most of any EU member state, making it the least integrated member state.
The UK's influence on EU laws also extended to the negotiation of its membership terms. In 2016, an agreement was reached between the UK and the EU to renegotiate membership terms if the UK voted to remain in the EU. This agreement included amendments to EU regulations and a legal guarantee exempting the UK from the goal of creating an "ever closer union." However, after the UK voted to leave the EU, this agreement was abandoned.
Following Brexit, the UK retained many EU laws as domestic laws, which it could then amend or repeal. The Retained EU Law (Revocation and Reform) Act 2023 allowed the UK to reform assimilated law to foster a pro-business environment and drive growth and innovation. This shows that the UK continues to have influence over laws that originated in the EU, even after its withdrawal from the Union.
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EU laws influencing UK laws
The influence of EU laws on UK laws has been a topic of debate, with estimates ranging from 13% to over 60%. According to Thomson Reuters, a total of 52,741 laws have been introduced in the UK as a result of EU legislation since 1990. These laws have influenced a wide range of areas, including trade, agriculture, financial services, and the environment. The UK government has had the ability to influence EU policies not only through voting but also through negotiations over the text of draft laws.
One example of EU laws influencing UK laws is the EU Climate and Energy "20-20-20" Package. This package includes laws implementing the EU Emissions Trading Scheme to reduce greenhouse gas emissions from major industries and providing financial incentives to achieve 15% of UK energy from renewables by 2020. The EU's Working Time Directive has also influenced UK law by giving workers the right to a minimum holiday entitlement each year and limiting the working week to 48 hours.
Following the UK's referendum vote to leave the EU in June 2016, the government has been working to overhaul the EU's influence on UK laws. The European Union (Withdrawal) Act 2018 EUWA created a new type of domestic law called Retained EU Law (REUL) to ensure legislative continuity immediately after Brexit. The REUL Act came into effect at the end of the UK's post-Brexit transition period on December 31, 2020.
The UK government has continued to reform assimilated law, which includes REUL that has not been revoked, to foster a pro-business environment and support innovation. The government has also published the Retained EU Law and Assimilated Law Dashboard to provide information on the amount of assimilated law and the actions taken to reform, revoke, or retain it.
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UK opt-outs from EU laws
While the UK was a member of the EU, it had four opt-outs in place—the most of any EU member state—making it the least integrated member state. Member states occasionally negotiate opt-outs from EU legislation or treaties, meaning they do not have to participate in certain policy areas.
The UK's four opt-outs were:
- The Major ministry secured an opt-out from the protocol on the Social Chapter of the Maastricht Treaty, which related to social issues and particularly rights in the workplace, before the treaty was signed in 1992.
- The UK and Ireland received opt-outs from implementing the Schengen acquis when the Treaty of Amsterdam of 1997 incorporated it into the EU treaties, as they were the only EU member states that had not signed the agreement. The Schengen Agreement abolished border controls between member states. The UK could, however, request to opt into participating in Schengen measures on a case-by-case basis, which was approved by the Council of the European Union in 2000 and came into effect in 2005.
- The UK had a flexible opt-out from legislation adopted in the area of freedom, security and justice, which includes all matters previously part of the pre-Amsterdam Justice and Home Affairs (JHA) pillar. This allowed them to opt in or out of legislation and legislative initiatives on a case-by-case basis, except on matters related to Schengen.
- The UK secured an opt-out from the Charter of Fundamental Rights of the EU because it was worried that it might be used to alter British labour law, especially regarding allowing more strikes.
It is worth noting that the UK has also vetoed or voted 'No' to EU laws on 56 occasions since 1999, according to official EU voting records. However, the UK's ability to influence EU policies is not limited to voting but also includes negotiations over the text of draft laws. Therefore, the number of times the UK government voted 'No' does not give a full picture of its influence in the EU.
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UK's ability to veto EU laws
The United Kingdom was a member state of the European Union from 1973 until 2020. In general, EU laws are valid in all member states; however, member states can negotiate certain opt-outs from legislation or treaties, allowing them to refrain from participating in certain policy areas. The UK had four opt-outs in place before leaving the EU—the most of any member state—making it the least integrated member state.
One example of the UK's ability to veto or opt out of EU laws was the Major ministry's successful opt-out from the protocol on the Social Chapter of the Maastricht Treaty, which related to social issues and rights in the workplace. The UK also had a flexible opt-out from legislation in the area of freedom, security, and justice, which included matters previously part of the pre-Amsterdam Justice and Home Affairs (JHA) pillar. This allowed the UK to opt in or out of legislative initiatives on a case-by-case basis, except for matters related to the Schengen Agreement.
Additionally, the 2009 Lisbon Treaty created a 'yellow card' system, enabling national parliaments to challenge EU legislation if they believe it violates the EU's subsidiarity principle, which states that European laws should be national whenever possible and should not intrude into certain areas. If at least one-third of national parliaments vote to issue a yellow card, they can collectively block draft laws.
Official EU voting records show that since 1999, the British government has voted 'No' to laws passed at the EU level on 56 occasions, abstained 70 times, and voted 'Yes' 2,466 times. This means that UK ministers were on the "winning side" 95% of the time and on the "losing side" about 2% of the time. However, it's important to note that the UK government's ability to influence policies extends beyond voting to negotiations over the text of draft laws, and there are no official records of how often the UK successfully opposed proposals.
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EU laws post-Brexit
The UK government has voted 'No' to laws passed at the EU level on 56 occasions since 1999, according to official EU voting records. This accounts for about 2% of the total volume of laws passed in that time. In 2023, the UK government scrapped plans to remove all remaining EU laws from British statute books by the end of the year, a goal that critics described as "rash and unachievable". Instead, the government will draw up a list of about 600 specific laws to be revoked. This list will include obviously redundant EU laws that can be abolished without controversy.
The Retained EU Law (Revocation and Reform) Act makes major changes to the body of retained EU law in UK domestic law. The Act will change the way that some types of retained EU law can be modified, such as 'downgrading' retained direct EU legislation so that it can be amended by secondary legislation. It will also remove additional parliamentary scrutiny requirements when modifying some types of EU-derived domestic secondary legislation.
The government remains committed to reforming assimilated law to foster a pro-business environment through a streamlined regulatory framework that drives growth and supports innovation. The reform of assimilated law will also support the delivery of key strategies while maintaining consumer and environmental protections. These strategies include the UK’s modern Industrial Strategy, the Trade Strategy, the 10-Year Infrastructure Strategy, and a strategy for small and medium-sized enterprises.
The EU Exit Web Archive is the official UK reference point for EU law as it stood on 31 December 2020. It includes Treaties, legislative acts, the Official Journal of the European Union, case law, and other supporting materials. EUR-Lex is where EU legislation as it applies to EU Member States can be found, as well as how it may continue to apply to the UK under sections 7A or 7B of the Withdrawal Act.
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Frequently asked questions
Official EU voting records show that since 1999, the British government has voted 'No' to laws passed at the EU level on 56 occasions, abstained 70 times, and voted 'Yes' 2,466 times. This means that UK ministers were on the "'winning side'" 95% of the time, abstained 3% of the time, and were on the losing side 2%.
The UK's ability to influence EU policies occurred not only through voting but also through negotiations over the actual text of a draft law. The UK diplomatic service has been very skilled in such negotiations over important laws. The UK has also opted out of certain EU laws, such as the Maastricht Treaty's Social Chapter, and the Schengen Agreement.
It is difficult to determine the significance of the UK's vetos as different people find different kinds of laws significant. For example, the 2003 regulation on genetically modified food was probably significant for farmers and consumers but not for the average voter.
Following Brexit, EU law and the Court of Justice of the European Union no longer have primacy over British laws. However, the UK remains legally bound by obligations in various treaties with EU member states and the EU itself. The UK has also retained relevant EU laws as domestic laws, which it can now amend or repeal.
