| 释义 |
retained EU law
At the end of the post-Brexit implementation period on 31 December 2020 most of the body of existing EU law was converted into UK domestic law under the European Union (Withdrawal) Act 2018. Many UK regulations/statutory instruments were also expressly varied to ensure they continued to apply, notwithstanding that they were based on earlier EU directives or regulations which would otherwise have no longer been applicable. This whole body of law is “retained EU law”. The 2018 Act also provides that retained EU law, as far as that law is unmodified on or after the end of the implementation period, and as far as is relevant to it, is to be interpreted in line with the principles and decisions laid down by the European Court of Justice before the end of the implementation period (subject to certain exceptions). Retained EU case law is defined at section 6(7) of the Act and has the same status as judgments of the UK Supreme Court or the High Court of Justiciary in Scotland (where this is the final criminal court of appeal in Scotland, there being no further route of appeal). However, section 6(4) of the Act provides that the Supreme Court and the High Court of Justiciary are not bound by retained EU case law after the end of the implementation period. It further provides that these two courts, in deciding whether to depart from retained EU case law, must apply the same tests that they apply in deciding to depart from their own case law. The European Union (Withdrawal) Act (Relevant Court) (Retained EU Case Law) Regulations 2020 provide that the Court of Appeal of England and Wales and equivalent courts across the UK have the power to depart from retained EU case law. This instrument also sets out the test to be applied in exercising this power. See also Social Chapter. |