suggested citation: E. Calzolaio, La ‘resilienza’ del diritto europeo nel dopo Brexit, lceonline (www.lceonline.eu), 1/2025, I/Saggi e contributi, p. 25 ss.
key words: Brexit, retained EU law, European law
abstract: The contribution examines the legislation enacted in the United Kingdom after Brexit. Faced with an impressive body of European-derived law, the choice of the British legislator has been to preserve the rules enacted during the almost fifty years of its stay in the European Communities and then in the Union (“retained law”), subject to the possibility of their explicit repeal. The essay focuses in particular on the rules concerning the interpretation of “retained” European law and the approach taken by the first decisions adopted by the UK courts. Although the current rules allow it, the courts are cautious in departing from European precedents, in continuity with the traditional common law approach. What is happening post-Brexit highlights the resilience of European law, which so deeply permeates domestic law that its effects are difficult to reverse, well beyond the period of EU membership.
