The European Scrutiny Committee has launched an inquiry into the future of retained EU law. This follows the Government’s announcement in September 2021 that it would conduct two reviews into the new category of domestic law: one each on substance and status.
Amongst other matters, the inquiry looks at the following issues:
- the ways in which retained EU law is a distinct category of domestic law;
- whether retained EU law is a sustainable concept;
- whether principles and concepts of EU law provide an acceptable and suitable basis for legislation in the UK, post-Brexit;
- what uncertainties or anomalies have arisen since retained EU law came into effect;
- whether retained EU law should be interpreted in the same way as other domestic law, including whether case law should be binding at all; and
- the extent to which retained EU law has affected devolved competence.
The Committee is inviting relevant interested parties to submit written evidence, the deadline for which is 14 March 2022.