摘要: |
As most readers of this column will know, in the period following Brexit some EU law has been carried over into UK law to ensure continuity in the many areas originally based on EU law. The 2018 European Union (Withdrawal] Act IEUWA) provided a new constitutional framework for the continuity of this 'retained EU law'in the UK from 31 December 2020, replacing the EU treaties that had until that point applied in the UK. However, this process is complex and, for some, has resulted in ambiguity over the applicable law for businesses and individuals alike, particularly in this transitional period as the UK moves towards a more defined legislative framework, separate from that of the EU. For example, thousands of amendments to retained EU law also entered into force at the same time, so that the UK statute book was still operational in an independent legal system divorced from the EU. The changes have not stopped there - from 1 January 2024, the 2023 Retained EU Law (Revocation and Reform) Act will modify this framework. In particular, the 2023 Act has removed the special features of EU law that applied to the interpretation and application of this legislation and renamed it 'assimilated law'. |