Brexit has not made EU law irrelevant to UK law students. On the contrary, understanding the EU legal framework is more important than ever for navigating the complex landscape of retained EU law.
1. Retained EU Law
The European Union (Withdrawal) Act 2018 converted most EU law into domestic UK law at the point of exit. This means that thousands of EU regulations, directives (as transposed), and CJEU judgments continue to have legal effect in the UK as "retained EU law".
2. The Retained EU Law (Revocation and Reform) Act 2023
This Act gave ministers power to revoke, replace, or reform retained EU law. Some areas have been reformed (e.g., data protection under the UK GDPR), while others remain largely unchanged. Students must track which areas have been reformed and which retain their EU origins.
3. Why EU Law Still Matters
- Interpretation: UK courts still consider pre-exit CJEU case law when interpreting retained EU law, though they are not bound by it
- Comparative analysis: Understanding how EU law approaches a problem enriches your analysis of UK law
- International practice: Many UK law firms advise clients operating in the EU; knowledge of EU law is commercially essential
- Academic rigour: EU law modules remain compulsory or optional at most UK law schools
4. Study Strategy
Focus on understanding the principles rather than memorising every directive:
- Supremacy and direct effect: Van Gend en Loos (1963), Costa v ENEL (1964) — understand these even though supremacy no longer applies in the UK
- Free movement: Goods, persons, services, capital — the four freedoms remain relevant to trade agreements
- Competition law: UK competition law closely mirrors EU law (Articles 101 and 102 TFEU)
- Human rights: The ECHR (separate from EU law) continues to apply via the Human Rights Act 1998
5. Exam Tips
In exams, always clarify the temporal dimension: does the question relate to pre-Brexit or post-Brexit law? If discussing retained EU law, explain its current status and whether it has been modified by subsequent UK legislation.