What Happened to EU Law After Brexit?

What Happened to EU Law After Brexit?

When the UK prepared to leave the European Union, one of the largest legal challenges was deciding what would happen to thousands of EU-derived laws affecting businesses, workers, consumers and public authorities.

Simply removing every EU rule on exit day would have left substantial gaps in UK law. Parliament therefore passed legislation designed to preserve legal continuity while allowing those laws to be reviewed and changed over time.

The European Union (Withdrawal) Act 2018

The European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972 and ended the mechanism through which EU law automatically became part of UK law.

It also preserved and converted a large body of existing EU-derived legislation so that broadly the same legal rules continued to operate after Brexit.

This preserved body of legislation became known as retained EU law.

Why Was EU Law Retained?

EU-derived rules affected areas including:

• employment rights;


• consumer protection;


• environmental regulation;


• food and product safety;


• data protection;


• financial services;


• transport;


• agriculture and fisheries; and


• health and safety.

Retaining these rules avoided a sudden legal vacuum and gave Parliament, ministers and the devolved administrations time to decide which laws should be kept, amended or repealed.

Correcting Laws That No Longer Worked

The Withdrawal Act gave ministers temporary powers to correct technical problems caused by Brexit.

Examples included legislation that:

• referred to an EU institution that no longer had authority in the UK;


• required information to be sent to the European Commission;


• depended on reciprocal arrangements that had ended;


• gave functions to an EU regulator; or


• used terminology that no longer reflected the UK's legal position.

Many of these changes were made through statutory instruments rather than new Acts of Parliament.

Concerns About Ministerial Powers

The use of statutory instruments was one of the most controversial aspects of the Brexit legislation.

Critics argued that ministers could make significant changes without the level of debate and scrutiny normally applied to a new Act of Parliament.

These powers were sometimes described as "Henry VIII powers" because they permitted secondary legislation to amend provisions contained in primary legislation.

Supporters argued that it would have been impractical for Parliament to pass an individual Act to correct every technical problem within the large body of EU-derived legislation.

Parliamentary Scrutiny

Procedures were introduced to examine proposed statutory instruments and determine what level of parliamentary scrutiny they should receive.

Under the negative procedure, an instrument can normally become law unless either House objects within the prescribed period.

Under the affirmative procedure, both Houses must expressly approve the instrument before it can become law.

However, statutory instruments cannot ordinarily be amended by Parliament and often receive less detailed scrutiny than primary legislation.

The Retained EU Law Act 2023

The Retained EU Law (Revocation and Reform) Act 2023 made further substantial changes to the legal framework.

Its main effects included:

• revoking specified pieces of retained EU law;


• removing the special principle of EU supremacy from domestic law;


• abolishing the domestic effect of retained EU general principles;


• changing the status of certain directly effective EU rights;


• renaming most remaining retained EU law as assimilated law;


• making it easier for senior courts to depart from retained EU case law; and


• creating temporary powers to restate, revoke or replace certain laws.

What Is Assimilated Law?

From 1 January 2024, most remaining retained EU law became known as assimilated law.

The change in terminology reflected the intention that this legislation should operate as part of ordinary domestic law without retaining its former special connection to the EU legal system.

Assimilated law may still contain rules originally derived from EU directives, regulations or decisions, but its legal authority in Great Britain now comes from UK law.

Was All EU Law Automatically Repealed?

No.

An earlier proposal would have caused most retained EU law to expire automatically at the end of 2023 unless it was specifically preserved.

That broad automatic expiry was not adopted.

Instead, the 2023 Act contained a schedule identifying hundreds of specific instruments and provisions that were revoked at the end of 2023.

Most of the remaining body of EU-derived law continued in force as assimilated law unless subsequently amended or repealed.

Can Ministers Still Change Assimilated Law?

The 2023 Act created temporary powers allowing ministers and devolved authorities to restate, revoke or replace specified forms of retained EU law and assimilated law.

The principal powers under sections 11 and 12 of the Act expired on 23 June 2026.

This means those particular accelerated reform powers can no longer be used to make new regulations.

Assimilated law can still be amended or repealed through:

• a new Act of Parliament;


• legislation passed by a devolved legislature within its competence;


• ordinary delegated powers contained in existing Acts;


• sector-specific regulatory powers; or


• other lawful legislative procedures.

The expiry of the temporary powers does not freeze assimilated law permanently. It means that future reforms must rely on another valid legal power.

What Happened to EU Supremacy?

While the UK was an EU member, EU law could take priority over conflicting domestic legislation in many circumstances.

Any remaining domestic effect of the principle of EU supremacy was removed at the end of 2023.

Assimilated law now generally operates within the ordinary hierarchy of UK legislation.

A later Act of Parliament can therefore override assimilated law in the same way that later domestic legislation can override earlier legislation.

Where two provisions conflict, courts apply ordinary domestic rules of statutory interpretation rather than beginning with a presumption that EU-derived law takes priority.

What Happened to General Principles of EU Law?

EU general principles included concepts developed through European case law, such as proportionality, legal certainty and the protection of legitimate expectations.

The 2023 Act ended the special domestic status of retained EU general principles from 1 January 2024.

That does not necessarily mean that similar concepts have disappeared from UK law.

Domestic public law, human rights law and ordinary statutory interpretation may still apply comparable principles, but they now arise from their domestic legal sources rather than from retained EU law.

What Happened to EU Court Decisions?

Decisions of the Court of Justice of the European Union made before the end of the Brexit transition period may continue to influence the interpretation of assimilated law.

However, specified senior UK courts have powers to depart from retained EU case law.

Relevant courts may consider matters including:

• the fact that decisions of a foreign court are not normally binding;


• changes in circumstances;


• whether the earlier case restricts the proper development of domestic law; and


• the importance of legal certainty.

Lower courts will usually remain bound by applicable retained EU case law unless a court with authority to depart from it has done so or legislation changes the rule.

Judgments delivered by the Court of Justice after the end of the transition period are not generally binding on courts in Great Britain.

They may nevertheless be considered where a court regards them as relevant to the issue before it.

Can a Court Refer a Question to a Higher Court?

The 2023 Act introduced procedures allowing certain lower courts and tribunals to refer a point concerning retained EU case law to a higher court.

A law officer may also be able to refer to a relevant point arising in proceedings.

The purpose is to allow an authoritative decision where a question about departing from retained case law is sufficiently important.

Are Employment Rights Still Protected?

Many UK employment rights have origins in EU law, including rules concerning:

• working time;


• paid annual leave;


• discrimination;


• maternity and pregnancy protection;


• agency workers;


• part-time and fixed-term workers;


• collective consultation; and


• transfers of businesses.

These rights did not disappear automatically following Brexit.

Most were implemented through UK Acts and regulations and continue to apply unless changed through valid domestic legislation.

Some areas have already been amended following Brexit, including aspects of holiday pay, working-time records and consultation requirements under the Transfer of Undertakings regulations.

Employers and workers should therefore check the current UK legislation rather than relying on either the original EU rule or an outdated pre-Brexit guide.

What About Consumer Protection?

EU-derived consumer rules also continued after Brexit.

These include legislation concerning:

• unfair contractual terms;


• consumer information;


• product safety;


• distance selling;


• package travel;


• digital content;


• consumer credit; and


• rights relating to defective goods and services.

Some of these protections are now contained principally in domestic Acts such as the Consumer Rights Act 2015 and the Digital Markets, Competition and Consumers Act 2024.

Individual EU-derived rules can be amended or replaced, but they remain enforceable while they continue to form part of UK law.

Environmental Law

A substantial part of UK environmental regulation was developed through EU legislation.

This includes rules concerning:

• habitats and wildlife;


• water quality;


• air pollution;


• waste;


• chemicals;


• environmental assessment;


• industrial emissions; and


• product standards.

Brexit did not automatically remove these protections.

However, the UK Government and devolved administrations now have greater freedom to create different environmental regimes, subject to international agreements, devolution arrangements and other domestic legal duties.

Data Protection

The UK General Data Protection Regulation originated in EU law but was preserved and adapted as domestic legislation.

It operates alongside the Data Protection Act 2018.

Organisations must follow the UK data protection regime when processing personal information in the UK.

Businesses operating in the European Economic Area may also remain subject to the EU GDPR where its territorial rules apply.

Financial Services

A substantial body of financial-services regulation was inherited from EU law.

The Financial Services and Markets Act 2023 created a separate programme for repealing and replacing retained EU financial services legislation with rules made under the UK regulatory framework.

Financial businesses should therefore check the requirements currently imposed by:

• Acts of Parliament;


• HM Treasury regulations;


• the Financial Conduct Authority;


• the Prudential Regulation Authority; and


• other relevant regulators.

Devolution and EU-Derived Powers

Brexit raised difficult questions about powers returning from the EU in areas that would otherwise fall within the responsibilities of Scotland, Wales and Northern Ireland.

Areas of potential overlap include:

• agriculture;


• fisheries;


• environmental protection;


• food standards;


• public procurement; and


• economic development.

Some rules require coordination across the UK to prevent barriers to internal trade, while the devolved administrations may wish to pursue different policies within their areas of responsibility.

These issues are managed through legislation, intergovernmental agreements and UK common frameworks.

Northern Ireland

The legal position in Northern Ireland differs from that in Great Britain because of the Windsor Framework.

Certain EU rules continue to apply in Northern Ireland where required by the framework, particularly in relation to goods and trade arrangements.

The precise position depends on:

• the type of product;


• whether goods are moving into Northern Ireland from Great Britain;


• whether they may enter the EU single market;


• the applicable customs route;


• labelling requirements;


• sanitary and phytosanitary rules; and


• any sector-specific arrangements.

Not every EU rule applies in Northern Ireland, and the Windsor Framework contains procedures concerning amendments and new EU measures.

Businesses trading between Great Britain, Northern Ireland and the EU should obtain advice specific to the goods and supply route involved.

The Stormont Brake

The Windsor Framework introduced a mechanism commonly known as the Stormont Brake.

In specified circumstances, members of the Northern Ireland Assembly may object to the application in Northern Ireland of certain amended or replacement EU rules.

The mechanism is subject to detailed legal conditions and does not provide a general power to block any EU law.

Has Brexit Reduced Legal Rights?

There is no single answer.

Brexit did not automatically remove the whole body of employment, consumer, environmental or safety protection derived from EU law.

Most applicable rules continued as retained EU law and later as assimilated law.

However, Parliament and the devolved legislatures now have greater freedom to change many of those rules without being bound by the EU legislative process.

Whether a particular reform increases, reduces or alters protection depends on the wording and practical effect of that reform.

The Assimilated Law Dashboard

The Government created a public dashboard to identify retained EU and assimilated law and record whether individual instruments had been amended, replaced, revoked or retained.

The final statutory reporting period ended on 23 June 2026.

The dashboard was updated in July 2026 to reflect the final reporting position. Still, the Government has stated that routine tracking will cease because there is no longer a statutory requirement to continue it.

The end of the dashboard reporting process does not mean that assimilated law has disappeared or can no longer be changed.

The Current Position

The European Union (Withdrawal) Bill is no longer a proposal awaiting parliamentary approval. It became the European Union (Withdrawal) Act 2018 and established the legal framework allowing existing EU-derived rules to continue after Brexit.

The Retained EU Law (Revocation and Reform) Act 2023 later removed the special status of retained EU law, renamed most of it assimilated law and revoked specified legislation.

The temporary reform powers created by the 2023 Act expired on 23 June 2026, but assimilated law can still be amended through ordinary Acts, delegated powers and sector-specific legislation.

Businesses and individuals should not rely on old descriptions of EU law or assume that every pre-Brexit rule remains unchanged.

Getting Legal Advice

Legal advice may be required where a business, employee or consumer is affected by:

• a change to assimilated law;


• a new statutory instrument;


• a conflict between older EU-derived legislation and newer UK law;


• retained EU case law;


• cross-border trade;


• Northern Ireland arrangements;


• employment or consumer rights;


• environmental regulation; or


• financial-services reform.

A solicitor specialising in the relevant area can identify the legislation currently in force and advise whether transitional, devolved or Windsor Framework arrangements apply.

Use the search facility at the top of this page to find a solicitor experienced in European law, commercial law, employment law, regulatory law or international trade.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. This article provides general information only and should not be relied upon as a substitute for advice from a regulated solicitor or other suitably qualified professional. Brexit-related legislation continues to develop, and the legal position will depend on the subject matter and circumstances.

Feedback

If you believe this page contains an error or requires updating, please get in touch with us. We welcome amendments that help keep our legal information accurate and useful.