In November 2018, a Withdrawal Agreement was concluded between the UK Government and the EU but this has not yet been approved by Parliament.
Section 13 of the EU Withdrawal Act sets out the conditions for the ratification of the withdrawal agreement, which include (1) approval by the House of Commons of the negotiated withdrawal agreement and framework for the future relationship (also referred to as the Political Declaration) and (2) the passing of an Act of Parliament which contains provision for the implementation of the withdrawal agreement.
The UK Government has published a White Paper - Legislating for the Withdrawal Agreement between the United Kingdom and the European Union. This confirms that “if Parliament approves the Withdrawal Agreement and the framework for the future relationship, the Government will bring forward the EU (Withdrawal Agreement) Bill to give the Withdrawal Agreement domestic legal effect, as provided for in the EU (Withdrawal) Act 2018.”
In accordance with Article 50 of the TEU, the European Parliament must also consent to the withdrawal agreement being concluded on behalf of the EU.
If the UK leaves the EU on the basis of the withdrawal agreement that was concluded with the EU in November 2018, or something similar, then there will be a transition period during which EU law will apply in full in the UK, subject to a few limited exceptions.
The UK Government Legal Department has also produced a video on EU law in the transition period. A transcript of the video is also available.
This video explains how EU law will apply in the UK during the transition period after Brexit and beyond. This is arranged under the following headings:
- Duration of the transition period.
- EU legislation in the transition period.
- EU law application during the transition period.
- EU law at the end of the transition period.
- Provisions for no future partnership agreement.
- Retained EU law.