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.

University of Cambridge Faculty of Law Research Paper No. 27/2021

25 Pages Posted: 25 Oct 2021 Last revised: 26 Oct 2021

Date Written: October 1, 2021

Abstract

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

Suggested Citation

Barnard, Catherine, Retained EU law in the UK Legal Orders: Continuity between the Old and the New (October 1, 2021). Forthcoming in Adam Lazowski, Adam Cygan (eds), Research Handbook on Legal Aspects of Brexit, Edward Elgar 2022., University of Cambridge Faculty of Law Research Paper No. 27/2021, Available at SSRN: https://ssrn.com/abstract=3947215 or http://dx.doi.org/10.2139/ssrn.3947215

Catherine Barnard (Contact Author)

University of Cambridge ( email )

Trinity Ln
Cambridge, CB2 1TN
United Kingdom

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