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I presume the distinction between "retained" and "proper" EU law is that "retained" law is whatever the law was at the time of retention, and "proper" EU law is dynamic, it can be changed by the appropriate EU institutions using prescribed processes at any time. For the moment the distinction is academic, but some divergence could occur over time during a transition period or while the UK remains associated with the CUSM if a deal is agreed. The fact that the UK could remain subject to aspects of EU law while having no formal say in its adoption is one of the most controversial aspects of the deal in the UK, even though it is only "common sense" from an EU perspective. (You want to be part of our market, you play by our rules...)

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sun Dec 2nd, 2018 at 12:24:00 PM EST
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