The resilience of European law in the aftermath of Brexit

Moving from a civil lawyer perspective, this study outlines the complex legislative framework relating to the status of European-derived rules after Brexit, focusing on the provisions relating to the role of courts and on the interpretation of retained (or assimilated) law. Beyond the vicissitudes of political dialectics and the continuous and ongoing succession of regulations, the key to interpreting what is happening seems to be in line with the traditional common law approach. The first decisions taken so far show that the UK courts are carrying out the delicate task of reconciling the traumatic change brought about by leaving the European Union with the need for legal certainty and predictability. The post-Brexit experience brings to the fore that the in-depth integration of EU law into the legal systems of its member states renders the reversibility of its impact highly unlikely, and extends well beyond the duration of EU membership. This ‘resilience’ is a fundamental lesson that Brexit leaves not only for the UK legal order but also for the legal systems of all European countries.