Past, Present and Future: Scrutiny of retained EU law and assimilated law at the UK and Scottish Parliaments

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Taylor, Robert Brett and Wilson, Adelyn L M (2024) Past, Present and Future: Scrutiny of retained EU law and assimilated law at the UK and Scottish Parliaments. Zeitschrift für Parlamentsfragen, 55 (3). pp. 606-618. ISSN 0340-1758 (https://doi.org/10.5771/0340-1758-2024-3-606)

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Abstract

The UK’s departure from the EU caused significant challenges in terms of legal continuity, and specifically how to retain EU law after Brexit to avoid a “cliff edge” scenario . Once Brexit was completed, the focus shifted to reforming or repealing retained EU law . Both processes have been led by the UK Government through the UK Parliament, but with governmental consent and parliamentary approval from the devolved nations where relevant . This article summarises the past powers and processes which underpinned the retention of EU law prior to Brexit, and the parliamentary scrutiny of that process in the UK with a particular focus on the devolved nation of Scotland . It then considers the present frameworks which have been in place following Brexit for changing retained EU law (now known as assimilated law): the revised process for Scottish parliamentary scrutiny, the Scottish Government’s keeping pace commitment, and the reforming powers now in effect under the Retained EU Law (Revocation and Reform) Act 2023 . It will conclude by reflecting on the future scrutiny challenges for both the UK and Scottish Parliaments .

ORCID iDs

Taylor, Robert Brett ORCID logoORCID: https://orcid.org/0009-0003-3140-0410 and Wilson, Adelyn L M ORCID logoORCID: https://orcid.org/0000-0001-5398-6799;
CORE (COnnecting REpositories)