Cecily Zamora
The UK officially ceased to be a part of the EU on 31 January 2020, and ceased to be subject to EU law at the end of the Brexit transition period on 31 December 2020. The European Union (Withdrawal) Act 2018 created the concept of 'retained EU law', which allowed for a smooth transition post-Brexit by retaining thousands of pieces of EU legislation in UK law. The Retained EU Law (Revocation and Reform) Act 2023 has since modified this framework, revoking hundreds of pieces of retained EU law. However, EU case law will likely continue to play a significant role in the interpretation and application of retained EU law for some time. This raises the question: is EU law still applicable in the UK?
| Characteristics | Values |
|---|---|
| Status of EU Law in the UK | Some EU law has been carried over into UK law post-Brexit |
| Number of EU Laws carried over | 150,000 pieces of EU legislation, with a few thousand having a practical impact in the UK |
| Number of Retained EU Laws | 6,911 individual pieces of legislation as of July 2025 |
| Changes to Retained EU Laws | The Retained EU Law (Revocation and Reform) Act 2023 has modified the legal framework |
| Impact on UK-EU Relationship | May threaten the UK-EU Trade and Cooperation Agreement (TCA) |
| Impact on Businesses | International businesses may be reluctant to invest in the UK until the legislative picture is clearer |
| Impact on Individuals | Removal of EU-derived rights and protections in areas like employment law |
| Impact on Courts | EU case law will continue to play a role in interpreting retained EU law |
| Legislative Continuity | The UK government has published a Retained EU Law Dashboard to track the status of retained laws |
| Legislative Changes | Nearly 600 pieces of EU-derived legislation will be revoked at the end of 2023 |
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What You'll Learn
The European Union (Withdrawal) Act 2018
The Act also required parliamentary approval for any withdrawal agreement negotiated between the UK and EU. It provided for a transition period during which directly applicable EU laws, such as regulations, were transposed into UK law, creating a new category of domestic law. This was to enable a smooth transition and avoid legal chaos. The Act gave the UK courts the ability to depart from retained EU case law, though it is expected that EU case law will continue to play a role in interpreting and applying retained EU law.
The Act has been amended several times, including changes to the "exit day" definition to align with extensions to Article 50. The Retained EU Law (Revocation and Reform) Act 2023 made changes to the terminology and removed the sunset clause, which would have automatically revoked retained EU laws. The legislative picture is still evolving, and the impact on specific sectors, such as employment law, and the UK's relationship with the EU, is being closely monitored.
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The Retained EU Law (Revocation and Reform) Act 2023
The 2023 Act gives ministers and devolved authorities the power to modify or revoke retained EU laws, which are the EU laws that were in force in the UK at the end of the Brexit transition period on 31 December 2020. This power to revoke or modify is set to expire on 23 June 2026. The Act removes the sunset clause, which would have automatically revoked most retained EU laws at the end of 2023. Instead, a revocation schedule lists at least 600 pieces of retained EU law that will be revoked. Any laws not listed in the schedule will remain in force. The Act also introduces a new test for departing from EU case law, encouraging UK courts to move away from EU jurisprudence.
The UK government has published a Retained EU Law (REUL) and Assimilated Law Dashboard, which provides information on the status of assimilated law and the actions taken to reform, revoke, or retain it. The dashboard does not include legislation from devolved governments or the Scottish Parliament, Senedd, or Northern Ireland Assembly. The government remains committed to reforming assimilated law to foster a pro-business environment and support key strategies.
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The impact on workers' rights
The UK officially stopped being a part of the EU on 31 January 2020, and the Brexit transition period ended on 31 December 2020. During the transition period, EU law continued to apply to the UK.
The European Union (Withdrawal) Act 2018 created the concept of 'retained EU law', which took a 'snapshot' of EU law as it applied to the UK at the end of the Brexit transition period. These rights will continue to apply after the UK leaves the EU, but they can be amended or reduced by domestic legislation. The UK government has committed to not reducing the standards of workers' rights from EU laws retained in UK law. The Withdrawal Agreement Bill will give Parliament the right to consider and vote on any future changes in EU law that strengthen workers' rights or workplace health and safety standards.
The UK-EU Trade and Cooperation Agreement (TCA) states that if changes are made to UK employment law that negatively impact trade and investment or reduce employment rights, the UK may face fines from the EU.
The UK has historically chosen to exceed the minimum requirements set by the EU when it comes to workers' rights. For example, the UK has a 48-hour working week restriction based on an EU Directive, but previous governments have allowed workers to opt out of this restriction. The UK also provides 5.6 weeks of annual holiday entitlement for full-time employees, which exceeds the European Directive.
The future of workers' rights in the UK is still uncertain. While the government has committed to maintaining and improving workers' rights, there are concerns that certain rights may be amended or reduced. The specific impact on workers' rights will depend on the actions taken by the UK government and Parliament in the coming years.
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The influence of EU case law
The UK officially ceased to be a part of the EU on 31 January 2020, but there was no immediate substantive change as the UK continued to be subject to EU law and was treated as an EU member state until the end of the Brexit transition period on 31 December 2020. The European Union (Withdrawal) Act 2018 (EUWA) created a new concept within UK law, "retained EU law", which was essentially a "snapshot" of all EU laws applicable in the UK at the end of the Brexit transition period. This was done to ensure continuity in the many areas of UK law that were originally based on or influenced by EU legislation, such as environmental regulation, data protection, employment law, intellectual property, and financial services.
The Court of Justice of the EU (CJEU) interprets EU law and ensures its uniform application across all member states. While the UK is no longer a member of the EU, the CJEU still has some jurisdiction over matters affecting the UK. For example, if the EU believes the UK has failed to comply with EU law obligations, it can bring a case before the CJEU against the UK. Additionally, during the transition period, the CJEU could rule on infringement proceedings under Article 258 of the Treaty on the Functioning of the EU (TFEU).
In terms of the influence of EU case law in the UK, the Retained EU Law (Revocation and Reform) Act 2023 has made some changes. The special features of EU law that applied to the interpretation and application of legislation have been removed, and the first two categories of retained EU law have been renamed as "assimilated law" as of January 2024. This means that previous case law relating to that legislation no longer applies if it is based on those special features. However, other EU-based case law from judgments before Brexit is still binding on UK lower courts unless overruled by a higher court. New case law from EU courts after Brexit is not binding on UK courts.
The UK Supreme Court has also rewritten the rules on the application of EU case law in UK courts, stating that they apply retrospectively to proceedings concerning pre-Brexit events. This ruling may create legal uncertainty for businesses and individuals as it calls into question whether other legislation will be applied retrospectively. It also raises the possibility of the EU raising concerns about UK compliance with the 2019 UK-EU Withdrawal Agreement.
In conclusion, while EU law is no longer directly applicable in the UK, it has greatly influenced the development of UK law over the past four decades as a member of the EU. The concept of "retained EU law" ensures continuity in many areas of UK law that were previously based on EU law. The influence of EU case law in the UK is now more limited, with CJEU judgments being non-binding and previous case law no longer applying in some instances. However, EU case law may still play a role in the interpretation and application of retained EU law, and UK courts may continue to regard non-binding CJEU judgments where relevant.
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The UK's relationship with the EU
To ensure legal continuity after Brexit, the UK government introduced the concept of "retained EU law." The European Union (Withdrawal) Act 2018 created this concept, taking a "snapshot" of EU law as it applied to the UK at the end of the transition period. This retained EU law was then incorporated into the UK's domestic legal system, filling gaps left by the departure from EU legislation.
The Retained EU Law (Revocation and Reform) Act, also known as the "Brexit Freedoms Bill," has since modified this framework. Nearly 600 pieces of EU-derived legislation were revoked at the end of 2023, with more to be revoked through statutory instruments. The Act introduces changes to terminology, removing the special features of EU law that influenced interpretation and application. The first two categories of retained EU law have been renamed "assimilated law," while the third category, relating to EU law rights and principles, has been repealed from January 2024.
As the UK and EU evolve independently, their legal systems will inevitably diverge. However, in certain areas, the UK may maintain alignment with the EU due to economic or policy interests. The UK's relationship with the EU is a dynamic and evolving process, with ongoing implications for legislation, trade, and cooperation between the two entities.
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Frequently asked questions
The UK officially ceased to be part of the EU on 31 January 2020, but it continued to be subject to EU law until the end of the Brexit transition period on 31 December 2020. Since then, the UK government has been working to amend EU-derived law. Some EU law has been carried over into UK law to ensure legislative continuity, but the two will inevitably diverge over time.
The European Union (Withdrawal) Act 2018 created the concept of "retained EU law", which is a "snapshot" of all EU law that was applicable in the UK at the end of the Brexit transition period. The Retained EU Law (Revocation and Reform) Act 2023 has since modified this framework and introduced changes in terminology.
It is estimated that there are up to 150,000 pieces of EU legislation, but only a few thousand have a practical impact in the UK. The Retained EU Law Dashboard lists the status of over 4,000 legislative instruments, covering most aspects of UK law previously derived from or influenced by EU legislation.
The removal of EU law could have left substantial gaps in the UK's legal framework and deprived individuals and businesses of important rights. The Retained EU Law Act ensures continuity in many areas of UK law that were originally based on EU law, such as employment law, environmental regulation, and data protection. However, there are concerns about the impact on workers' rights, the UK's relationship with the EU, and increased litigation as parties seek to overturn previous rulings based on EU case law.
