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Retained EU Law: A Practical Guide

ISBN13: 9781784461645
Published: February 2021
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: £65.00

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This book is a practical guide to what retained EU law is and how it functions, illustrated with case studies and examples. It explains the key issues for practitioners in a clear and accessible way. This is essential knowledge for lawyers following the UK’s withdrawal from the EU.

The book gives the practitioner the tools they need to apply the new domestic framework introduced by the European Union (Withdrawal) Act 2018 in their area. The book will assist practitioners in identifying which rules in the area of practice have become retained EU law and how they are to be interpreted. The book explains when CJEU case law will and will not be binding on UK courts. It explains the implications of the Charter of Fundamental Rights not being part of domestic law.

The foundations of retained EU law are in EU law and the European Communities Act 1972. This book explains the key concepts of EU law that are a prerequisite for an understanding of retained EU law. The book guides the practitioner through the elements of retained EU law, its interpretation and the relevant rules and exceptions. It covers the powers to make EU Exit regulations to correct deficiencies in retained EU law. It also explains the changes made by the European Union (Withdrawal Agreement) Act 2020.

Retained EU law is also relevant to cross-cutting issues such as data protection compliance, marketing and anti-money laundering.

The book will provide practitioners with a clear understanding of this complex and developing area.

Constitutional and Administrative Law, EU Law
1. Introduction
2. Types of EU law and EU institutions
3. Case law of the Court of Justice of the European Union
4. Key concepts – supremacy of EU law
5. Key concepts - direct effect, indirect effect and Francovich damages
6. Key concepts – the general principles
7. Key concepts - fundamental rights
8. Key concepts – EU competence
9. EU law in the UK’s legal system during EU membership
10. UK exit from the EU
11. Retained EU law – EU-derived domestic legislation
12. Retained EU law - direct EU legislation
13. Retained EU law – all other EU rights and obligations
14. Exceptions
15. Interpretation of retained EU law
16. Status of retained EU law
17. Changes made to retained EU law by “EU Exit” regulations
18. Miscellaneous provisions
19. Devolution and retained EU law
20. The European Union (Withdrawal Agreement) Act 2020