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January 25, 2026Современная Европа / Contemporary Europe0 citations

Unfulfilled Divergence: Paradoxes of the UK’s Legal Development after Brexit

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MEM.L. Entin

Key Points

  • The aim is to explore the contradictions in the UK's legal development since Brexit, focusing on the persistence of EU influence.
  • Analysis of mechanisms for incorporating retained EU law into UK legislation
  • Examination of the Trade and Cooperation Agreement's role
  • Empirical evidence assessment regarding alignment with EU standards
  • Investigation of institutional and economic factors affecting legal separation
  • Brexit did not lead to complete legal severance, maintaining substantial integration ties.
  • Much of the acquis communautaire remains intact in UK law.
  • Legal autonomy coexists with necessary adaptations to EU regulatory standards.
  • Institutional pressures from the business community impact divergence

Abstract

The paper examines the paradoxes of the UK’s legal development following its withdrawal from the European Union (Brexit), which, contrary to expectations of full legal autonomy, has revealed the resilience of integration ties and the limited extent of actual divergence. The authors explore the contradiction between the proclaimed restoration of sovereignty and the continued substantial influence of EU law on the British legal system. Special attention is paid to the mechanisms of incorporating retained and assimilated EU law into domestic legislation, as well as the role of the Trade and Cooperation Agreement (TCA) in maintaining normative convergence. Empirical evidence demonstrates that, despite political rhetoric about divergence, much of the acquis communautaire remains unchanged, with UK law in certain areas continuing to align with European standards. The paper analyzes institutional and economic factors constraining radical legal separation, including pressure from the business community and the need to maintain compatibility with the EU single market. The analysis concludes that Brexit has not led to a complete severance of legal ties but has instead transformed them into a new form of interaction, where autonomy coexists with the necessity of adapting to EU regulatory realities. The study contributes to the understanding of disintegration processes in law, highlighting the enduring nature of integration legacies and the methodological significance of the UK’s experience for other regional organizations, including the Eurasian Economic Union.

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Cite This Study

M.L. Entin (2025) studied this question.

synapsesocial.com/papers/6975b26ffeba4585c2d6de39https://doi.org/10.7868/s3034599525040060
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