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Retained EU Law

A Practical Guide
Eleonor Duhs and Indira Rao
Availability: Forthcoming

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 their 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.


  1. 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.

About the Author

Eleonor Duhs was the lead lawyer on the core provisions of the European Union (Withdrawal) Act 2018 at the Department for Exiting the European Union. She is a Director (Barrrister) at Fieldfisher LLP. Indira Rao is Counsel for EU and International Law in the House of Commons. She was the lead lawyer advising on EU Exit legal issues at the Foreign, Commonwealth & Development Office.




Regulation and compliance


February 2021


The Law Society




288 Pages