Retained EU Law: Interpreting Retained EU Law

Summary

This is a complex area and what follows is a summary of the main provisions at play in interpreting retained EU law and its status under domestic law.

The approach to be taken in interpreting retained EU law is set out in section 6 of the European Union (Withdrawal) Act 2018.

In general, decisions of the Court of Justice made before IP completion day are binding on a court or tribunal, decisions made after that date are not binding but a court or tribunal may have regard to those decisions as an aid to interpretation.