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Archive: will any EU law apply in the UK after Brexit?

Timeline outlining all the updates on whether EU law will apply in the UK after Brexit

Update as of 27 June 2018:

In a ‘hard’ Brexit scenario, EU law will cease to have any application in the UK after Brexit.

The EU (Withdrawal) Act 2018 assumes that at least this degree of hardness of Brexit is likely to be avoided, and therefore makes provision for the retention within UK law of a specified range of EU law as it applied before Brexit, and for the future application of EU law to an unspecified extent to reflect the terms of any withdrawal agreement.

Some commentators find it hard to understand the notion of the retention of ‘frozen’ EU law, and see the choice being simply between cutting free of EU law altogether or retaining ambulatory application of EU law in particular fields. In relation to employment rights and equality, for example, the Government has come under considerable pressure during the passage of the EU (Withdrawal) Bill to accept that EU standards and legislative obligations should continue to apply, including future changes.

As with many other aspects, therefore, the future application and influence of EU law in the UK after Brexit can only be assessed once the political terms of the withdrawal agreement have been settled.

Update as of 26 January 2018:

In a ‘hard’ Brexit scenario, EU law will cease to have any application in the UK after Brexit.

The present EU (Withdrawal) Bill assumes that at least this degree of hardness of Brexit is likely to be avoided, and therefore makes provision for the retention within UK law of a specified range of EU law as it applied before Brexit, and for the future application of EU law to an unspecified extent to reflect the terms of any withdrawal agreement.

Some commentators find it hard to understand the notion of the retention of ‘frozen’ EU law, and see the choice being simply between cutting free of EU law altogether or retaining ambulatory application of EU law in particular fields. In relation to employment rights and equality, for example, the Government has come under considerable pressure during the passage of the EU (Withdrawal) Bill to accept that EU standards and legislative obligations should continue to apply, including future changes.

As with many other aspects, therefore, the future application and influence of EU law in the UK after Brexit can only be assessed once the political terms of the withdrawal agreement have been settled.

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