Retained (assimilated) EU law
Following the UK's withdrawal from the EU, EU-derived law was preserved domestically as retained EU law and has since been renamed assimilated law. Its status, interpretation and supremacy have been significantly reformed.
What "Retained (assimilated) EU law" covers
- The European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972 and converted EU-derived law into 'retained EU law' at the end of the transition period.
- The Retained EU Law (Revocation and Reform) Act 2023 renamed the remaining body of law 'assimilated law' from 1 January 2024 and revoked a schedule of instruments.
- The principle of the supremacy of EU law and the EU general principles were abolished in domestic law from the end of 2023 under the 2023 Act.
- Courts are no longer bound by retained EU case law in the same way; higher courts may depart from it, and new reference and intervention procedures apply.
- Directly effective Treaty rights and directives largely ceased to have domestic effect except as specifically preserved.
- The UK is no longer subject to the jurisdiction of the Court of Justice of the EU, save for limited residual matters under the Withdrawal Agreement.
- The Withdrawal Agreement (given effect by the EU (Withdrawal Agreement) Act 2020) preserves certain citizens' rights and Northern Ireland arrangements.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For retained (assimilated) eu law, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Using the outdated term without noting 'retained EU law' became 'assimilated law' from 1 January 2024.
- Stating EU law is still supreme - supremacy was abolished domestically from the end of 2023.
- Assuming the CJEU still has general jurisdiction over the UK; only limited residual matters remain.
- Confusing the 2018 Withdrawal Act (conversion) with the 2023 Reform Act (renaming and revocation).
Learn this subtopic in the course
A video lesson, notes and exam-style practice on retained (assimilated) eu law.
FAQ
Is retained (assimilated) eu law tested on SQE1?
Yes — retained (assimilated) eu law is part of the SQE1 Legal System, Constitutional & EU Law syllabus (FLK1) and can appear in single best answer questions.
How is retained (assimilated) eu law examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (European Union (Withdrawal) Act 2018, Retained EU Law (Revocation and Reform) Act 2023 (assimilated law from 1 Jan 2024)) helps.