The Anglicisation of Retained European Union Law

Ahmed, Mukarrum (2025) The Anglicisation of Retained European Union Law. In: The New Relationship between the United Kingdom and the European Union :. Springer, Cham, pp. 359-383. ISBN 9783031706516

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Abstract

This chapter will discuss the provisions of the Retained EU Law (Revocation and Reform) Act 2023 on sunsetting, assimilation, departure from retained EU case law and delegated powers to restate, revoke or replace retained European Union law with reference to the rules of retained EU Private International Law in the UK. It will be argued that the legal transposition of the concept of ‘retained EU law’ into ‘assimilated law’ by jettisoning its special characteristics and encouraging the judiciary and executive to adopt a distinct path is an adaptation that will help domesticate this corpus of law even more easily. This should in turn simultaneously facilitate closer integration with English common law and divergence from the peculiarities of European Union law. Although such a response to the ardent political rhetoric of Brexit is preferable to the regulatory void created by an all-encompassing sunset clause, it may nevertheless impact legal certainty and predictability generally and in international private law transactions and disputes involving contracts, torts, and other non-contractual obligations.