Making EU law into UK law
EU law becomes part of UK law by means of primary or secondary legislation (Act of Parliament, Order or Statutory Instrument) or by administrative rules. This note looks at the procedures for transposing EU law in the UK.
The European Communities Act 1972 authorises the implementation of EU law as national law in the UK and for its transposition via primary or secondary legislation or by other means.
Transposition Notes set out how the Government intends to transpose an EU Directive into UK law.
In 2013 the UK Government published updated guidance on transposition and the effective implementation of EU Directives in an effort to avoid ‘gold-plating’ EU law when it is transposed into UK law.
At the end of the national transposition process Member State governments must inform the European Commission as to how they have implemented an EU obligation.
The Commission, as ‘guardian of the Treaties’ assesses whether Member State have implemented EU law correctly. Failure to notify, late or poor implementation may incur financial penalties under the EU Treaties.