The status of EU law in the UK after Brexit [Archived]

Produced in partnership with Carl Gardner of UUÂãÁÄÖ±²¥
Practice notes

The status of EU law in the UK after Brexit [Archived]

Produced in partnership with Carl Gardner of UUÂãÁÄÖ±²¥

Practice notes
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ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note provides background reading on the key forms and principles of EU Law and legislation, examining the impact of Brexit on EU-derived law and legislation in the UK.

For further reading on this subject, see Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For further reading on Brexit generally, see: Brexit toolkit.

Effect of Brexit on EU law in the UK

The UK ceased to be an EU Member State at 11 pm on 31 January 2020 (Exit day). As of that point, directly applicable EU law ceased to apply to the UK under the EU Treaties and the UK ceased to be bound by the obligations under those treaties, which require EU Member States to ensure that their domestic legislation meets the EU obligations set out in EU laws.

EU law itself, and its effect on Member States, is not changed by the UK’s withdrawal from the EU—it continues to apply

Carl Gardner
Carl Gardner

Barrister, UUÂãÁÄÖ±²¥


Carl is a Professional Support Lawyer, working on public law for LexisPSL.
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Carl was a government lawyer from 1995 to 2008. He was a legal adviser at the Department of Health, and then a senior legal adviser at DWP, Cabinet Office European Legal Advisers, the Attorney General’s Office and finally at HMRC. As a government lawyer he advised ministers and regulators, defended the government in UK and European courts, drafted legislation and negotiated for the UK in Europe.
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After that Carl taught public and EU law at the Open University and the National School of Government, then at BPP University Law School where he was subject leader in public and EU law until 2021.

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Jurisdiction(s):
United Kingdom
Key definition:
Law definition
What does Law mean?

means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

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