Cecily Zamora
The percentage of EU laws in the UK has been a topic of much debate, with estimates ranging from 13% to 65%. The wide range of estimates is due to the different ways of calculating this percentage and the lack of a clear definition of what constitutes a UK law. Some calculations only consider Acts of Parliament and Statutory Instruments, while others include EU regulations that are automatically applied in the UK. The impact of EU laws on specific sectors also varies, with agriculture, fisheries, external trade, and the environment being significantly influenced, whereas the EU's impact on welfare, social security, and criminal law is more limited. The UK's relationship with the EU post-Brexit will likely continue to shape the percentage of EU laws applied in the UK.
| Characteristics | Values |
|---|---|
| Percentage of EU laws in the UK | 13% - 65% |
| Number of laws introduced in the UK as a result of EU legislation since 1990 | 52,741 |
| Average percentage of EU-based UK measures from 1997 to 2009 | 47% |
| Average percentage of EU-based UK measures from 2010 to 2013 | 59% |
| Percentage of UK primary legislation with an EU context from 1993 to 2014 | 40% |
| Percentage of UK Acts of Parliament that implemented EU obligations from 1993 to 2014 | 24.5% |
| Percentage of Statutory Instruments that implemented EU obligations from 1993 to 2014 | 13% |
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What You'll Learn
EU regulations and UK laws
The influence of EU regulations on UK laws has been a topic of much debate, with estimates ranging from 13% to 75%. However, it is important to note that there is no single definitive answer or calculation method to determine the exact percentage. The figures vary depending on the types of UK and EU laws considered and the extent of "EU influence" examined.
The House of Commons Library analysis from 2010 concluded that the percentage could fall anywhere between 15% and 50%. This analysis was later updated, and other estimates, such as the one from the campaign group Business for Britain, were produced. According to Business for Britain, which advocated for the UK's exit from the EU, over 60% of UK laws are influenced by EU law. They claim that the vast amount of EU regulations imposes a significant burden on British businesses and employers who must comply with them.
On the other hand, some experts argue that the 60% figure is misleading and based on flawed methodology. They assert that simply counting EU regulations without distinguishing between legislative and non-legislative ones inflates the percentage. Legal experts have described this method as "comparing apples with pears." The 60% figure also includes non-legislative EU regulations, which are routine administrative decisions that many people would not recognize as laws.
A more accurate estimate should consider the number of EU regulations, which can be several times higher than the number of directives or decisions. By including EU regulations, EU-related Acts of Parliament, and EU-related Statutory Instruments, the percentage of EU-influenced UK laws rises to around 62%. This percentage represents the laws introduced between 1993 and 2014 that applied in the UK and implemented EU obligations.
It is worth noting that the EU's influence on UK laws varies by sector. Areas such as agriculture, fisheries, external trade, and the environment are significantly impacted by EU legislation and policy. In contrast, the direct influence of the EU on welfare, social security, education, criminal law, family law, and the NHS is more limited.
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UK primary and secondary legislation
The percentage of EU laws in the UK has been a topic of debate, with various estimates ranging from 13% to 75%. The wide range of figures can be attributed to differences in calculation methods and interpretations of "UK law" and "EU influence". It's important to understand the two main types of UK law: Acts of Parliament (statutes) and Statutory Instruments. EU law consists of regulations that apply automatically in member states and directives that set aims without specifying implementation methods.
When considering primary and secondary legislation, Nick Clegg, the former leader of the Liberal Democrats, provided figures of 7% and 14% for the proportion of UK laws implementing EU directives and decisions. However, these estimates may not fully capture the impact of EU regulations, which can be several times higher in number than directives or decisions. Including EU regulations in the calculation results in significantly higher estimates, such as the widely quoted 60% figure.
The 60% claim has been attributed to Boris Johnson, who cited it as "new evidence" during the EU referendum campaign. However, this figure has been criticised as a misrepresentation of House of Commons Library research and the result of a flawed methodology. The calculation behind this percentage includes EU regulations, which can have an immediate effect on UK law without requiring new legislation. This approach may overestimate EU influence by counting administrative decisions as laws.
A more nuanced perspective considers the extent of EU influence on UK laws. While EU legislation significantly impacts specific sectors like agriculture, fisheries, external trade, and the environment, its direct influence on areas like welfare, social security, education, criminal law, and family law is more limited. The House of Commons Library acknowledged the challenges in quantifying EU influence, concluding that any measure between 15% and 50% could be justified.
In summary, determining the exact percentage of EU laws in the UK is complex due to varying calculation methods and interpretations. The impact of EU regulations, directives, and decisions on both primary and secondary UK legislation falls within a broad range. The specific sectors influenced by EU laws also play a crucial role in understanding the overall impact on UK legislation.
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UK Acts of Parliament
There is no definitive answer to what percentage of EU laws are in the UK, as there are different ways of calculating this. The UK has two main types of law: Acts of Parliament, also known as statutes, and statutory instruments, which explain how a statute will work.
Between 1993 and 2014, Parliament passed 945 Acts, 231 of which implemented EU obligations. During the same period, 33,160 Statutory Instruments were passed, 4,283 of which implemented EU obligations. Adding these together and dividing by the total number of laws passed gives a figure of 13%. However, this is not an accurate reflection, as most EU regulations do not require new UK laws. They can be implemented in the UK without new legislation, for example, by changing administrative rules.
Counting all EU regulations, EU-related Acts of Parliament, and EU-related Statutory Instruments, about 62% of laws introduced between 1993 and 2014 that apply in the UK implemented EU obligations. This figure has been criticised as it includes non-legislative EU regulations, which concern matters so routine that many people wouldn't recognise them as laws. For example, updating the scientific registers of chemicals and food additives.
According to research by Michael Dougan, Professor of EU law at Liverpool University, only 7% of EU regulations published in October 2015 were legislative in character. A 2015 report by Business for Britain, which wanted the UK to leave the EU, put the figure at 64.7% of UK law influenced by the EU. This has been criticised as it did not distinguish between legislative and non-legislative regulations.
The House of Commons Library has said that there is no completely accurate way to calculate the percentage of EU laws in the UK. Estimates range from 13% to 65%, and it is possible to justify any measure between 15% and 55%. The difficulty in calculating an accurate figure is partly due to the different types of law in the UK and the devolved legislatures in Northern Ireland, Scotland and Wales, which pass laws that only apply in their nations.
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EU directives and national law
The percentage of EU laws in the UK has been a highly debated topic, with estimates ranging from 13% to 65%. The wide range of estimates is due to the different methods used to calculate this percentage and the varying definitions of "UK law" and "EU influence".
Now, when it comes to EU directives and their relationship with national law, it's important to understand the nature of directives and how they are implemented. EU directives are legislative acts that set out binding objectives for member states to achieve. According to Article 288 of the Treaty on the Functioning of the European Union, directives are binding on member states regarding the results to be achieved, but they leave the national authorities the power to decide on the specific rules and methods to achieve those results. Directives are distinct from regulations in that they are not directly applicable in member states. Instead, directives must be transposed into national law before they take effect.
Member states are typically given a timetable for implementing directives, and they have the flexibility to choose the exact rules and methods to align with their legal systems and traditions. This process is known as transposition, and it involves making changes to existing laws or creating new ones to comply with the directive's objectives. The European Commission plays a monitoring role to ensure that member states correctly and completely transpose directives into their national laws.
The relationship between EU directives and UK national law follows a similar pattern. The UK usually transposes EU directives into statutory instruments, which are the rules and regulations that flesh out how a statute will work. For example, the UK implemented the EU Unfair Terms in Consumer Contracts Directive 1993 through the Unfair Terms in Consumer Contracts Regulations 1994, a statutory instrument. However, this was later deemed inadequate and replaced by the Unfair Terms in Consumer Contracts Regulations 1999.
In summary, EU directives set binding objectives that member states, including the UK, must incorporate into their national laws. The process involves transposing the directives into national laws, allowing member states to decide on the specific rules and methods while ensuring compliance with the directive's objectives. This transposition process ensures that EU directives are effectively implemented and monitored across all member states, including the UK.
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UK laws after Brexit
There are conflicting figures on the percentage of UK laws that came from the EU before Brexit. While some sources claim that over 60% of UK laws were influenced by EU law, others put the figure far lower, at around 13%. The House of Commons Library, which produced the 60% figure, has conceded that there is no completely accurate way to make the calculation. The 13% figure is derived from the percentage of Acts and Statutory Instruments with an EU influence, but this doesn't take into account EU regulations that don't require new UK laws. If you count all EU regulations, EU-related Acts, and Statutory Instruments, the figure rises to around 62%. However, this number includes non-legislative EU regulations, which some argue should not be counted as laws.
After Brexit, the UK government sought to ensure legislative continuity by carrying over some EU laws into UK law. This was done through the 2018 European Union (Withdrawal) Act (EUWA), which provided a new constitutional framework for "retained EU law" in the UK from 31 December 2020. Thousands of amendments to retained EU law were also made at this time. The Retained EU Law (Revocation and Reform) Act of 2023 modified this framework from 1 January 2024, removing the special features of EU law and renaming it "assimilated law." The Retained EU Law dashboard, maintained by the UK government, currently lists 6,911 individual pieces of retained EU law across over 400 unique policy areas.
While most retained EU law in the UK was initially close or identical to classic EU law, the two legal systems will inevitably diverge over time as they evolve independently. Since 2020, new primary legislation has been created to replace retained EU law in some areas, such as agriculture and subsidy control. Additionally, while EU-based case law from before Brexit is still binding on UK lower courts, new case law from the EU courts after Brexit is not. This may lead to uncertainty and increased litigation as courts interpret legislation without the framework of EU law.
The UK-EU Brexit deals are directly enforceable in the UK legal system, and individuals and businesses can seek to have domestic laws or administrative actions disapplied by the courts if they breach the agreements. The Northern Ireland Protocol, which came into force on 1 January 2021, means that Northern Ireland will continue to align with relevant EU rules relating to the placing of manufactured goods on the market.
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Frequently asked questions
There is no definitive answer to this question. The UK government has retained some EU laws to ensure legislative continuity after Brexit. The exact percentage of EU laws still in the UK is unclear, with estimates ranging from 13% to 75%.
The variation in estimates is due to the existence of multiple calculation methods, each with its own set of challenges. The inclusion or exclusion of EU regulations, for instance, can significantly impact the final percentage.
The retained EU laws were chosen to maintain legislative consistency and stability immediately following Brexit. The UK government intends to reform these laws gradually to align with its domestic priorities and its evolving relationship with the EU.
Examples of EU laws that influenced UK legislation include the EU Climate and Energy "20-20-20" Package, the Working Time Directive, and the Capital Requirements Regulation (CRR). These laws impacted energy policies, worker rights, and obligations for EU banks.
