On 31 January 2022, the House of Commons’ European Scrutiny Committee published a call for evidence into the future of retained EU law in the UK’s statute books.

The Committee has launched this inquiry to look at the following issues:

  • In what ways is retained EU law a distinct category of domestic law? To what extent does this affect the clarity of the statute book?
  • Is retained EU law a sustainable concept?
  • Do the principles and concepts of retained EU law provide an acceptable basis for legislation in post-Brexit UK?
  • How has retained EU law worked in practice?
  • In light of the doctrine of Parliamentary sovereignty, why retain the principle of the ‘supremacy of EU law’?
  • What is the most effective way to remove the ‘supremacy of EU law’ from the statute book?
  • Should retained EU law be interpreted in the same way as other domestic law?
  • Should a wider range of courts and tribunals have the ability to depart from retained EU case law and should it be binding at all?
  • To what extent has retained EU law affected developed competence?
  • Are there issues specific to the developed administrations and legislature that should be taken into account as part of the Government’s review into retained EU law?

The deadline for responses is 14 March 2022.