• Helene Berard

How is UK law operating in the post-Brexit era?

On exit day at 11.00 pm on 31 January 2020, the UK left the EU and was no longer an EU member state.

This meant that a post-Brexit transition period started at the same time and will end at 11.00 pm on 31 December 2020 unless extended (end of the transition period).


The question many of you are asking is what changes are to UK law following the repeal of the European Communities Act 1972 (ECA 1972) on exit day.


Savings and modifications were made by the European Union (Withdrawal agreement) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020 (together 'the Withdrawal agreements').


To summarise, the Withdrawal agreements especially required for most EU law to apply to the UK during the transition period in accordance with the usual EU rules that apply to the EU member states.


This means that Brexit will be deferring its effects on Uk Law until the end of the transition period.

At the end of the transition period, the Withdrawal agreements will create a new body of retained EU law that will apply in the Uk. This retained EU law can be amended by secondary legislation under the Withdrawal agreements to work in a UK legal context, and can be amended by primary legislation to introduce new UK policies.

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