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.

In this project, Prof. Adelyn Wilson and Dr Robert Taylor examined 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 reviewed 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.

The project ultimately reflects on the future scrutiny challenges for both the UK and Scottish Parliaments.

• Law School researcher: Prof Adelyn Wilson