Retained EU law in the UK Legal Orders: Continuity between the Old and the New
Forthcoming in Adam Lazowski, Adam Cygan (eds), Research Handbook on Legal Aspects of Brexit, Edward Elgar 2022.
25 Pages Posted: 25 Oct 2021 Last revised: 26 Oct 2021
Date Written: October 1, 2021
Retained EU law is an unusual and multi-headed beast which lawyers and practitioners are still trying to understand. In this working paper I try to explain and analyse the concept and its position in the legal hierarchy of norms – all against the backcloth of renewed uncertainty caused by Lord Frost’s speech in September 2016 suggesting that retained EU law is due a rethink, just 9 months after it formed part of the statute book.
Keywords: EU, European Union, Retained legislation, Brexit, EU Law, Legislation, Retained law
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