The End of Retained EU Law

How EU law survives (or not) in the UK post-Brexit: the Financial Services and Markets Bill and the ‘Brexit Freedoms Bill’

Brexit raised a number of significant and unprecedented legal issues. One key issue was which laws of the European Union in force in the United Kingdom prior to Brexit should remain in force, and which should not. This was largely addressed in the European Union (Withdrawal) Act 2018 although principally in general terms – an exhaustive list of laws and statutory instruments was not a practical solution. Therefore, the practical consequences of Brexit will continue to be discovered for some years, in particular as the UK Parliament introduces new legislation such as the Financial Services and Markets Bill 2022-23 (the FSM Bill) and the Retained EU Law (Revocation and Reform) Bill 2022 dubbed the ’Brexit Freedoms Bill’.

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