Assimilation of retained EU law Section 4: Abolition of general principles of EU law
This section amends EUWA, so that general principles of EU law are no longer part of UK law from the end of 2023.
	The general principles are a part of EU law which the EU institutions and member states must comply with. The general principles are applied by the CJEU and national courts when determining the lawfulness of legislative and administrative measures within the scope of EU law, and they are also an aid to interpretation of EU law. Examples of the general principles include proportionality (Cases C-453/03, C-11/04, C-12/04 and C-194/04 ABNA EU:C:2005:741), and protection of fundamental rights (Case 44/79 Hauer EU:C:1979:290).
	Section 6(3) EUWA has provided that general principles of EU law have continued to have effect in domestic law following the UK’s exit from the EU, by requiring REUL to be interpreted consistently with them. However, pursuant to paragraph 2 of Schedule 1 to EUWA, general principles developed in CJEU case law after the end of the Transition Period following the UK’s exit from the EU do not form part of domestic law. Paragraph 3 of Schedule 1 to EUWA provides that the general principles may not be relied upon in proceedings to disapply or quash any legislation, rule of law or conduct.
	Section 4 of this Act removes the remaining effects of general principles of EU law in domestic law, which are not already limited by these EUWA provisions. This means that from the end of 2023 our domestic courts will no longer apply these retained principles of interpretation which this Act removes, when they are interpreting and applying REUL (and, after the end of 2023, assimilated law). Instead, they will apply standard domestic principles of interpretation, including rules of interpretation provided for in this Act.
	Subsection (2) will amend section 5 of EUWA by inserting a new subsection (A4) which ends the effects of general principles of EU law in domestic law from the end of 2023. It will also repeal section 5(5) of EUWA. Section 5(5) provided that fundamental rights and principles contained in general principles of EU law and rights saved by section 4 of EUWA continue to apply in UK law.
	Subsection (3) makes a consequential amendment to section 6(3) of EUWA so that REUL is no longer required to be interpreted consistently with general principles by the courts. As set out in EUWA, section 6(3) provides that any question as to the meaning of unmodified retained EU law will be determined by the UK courts in accordance with relevant CJEU case law decided before the end of the Transition Period and general principles of EU law. This has meant, for example, taking a purposive approach to interpretation where the meaning of the measure is unclear (i.e. considering the purpose of the law from looking at other relevant materials such as the treaty legal base for a measure, its recitals and preambles, and the travaux preparatoires (working papers) leading to the adoption of the measure). The changes made by section 4 of this Act, mean that after the end of 2023, courts will no longer be bound to interpret assimilated law by such principles.
	Subsections (4) and (5) make consequential amendments to sections 7 and 21 of EUWA, to omit references to retained general principles of EU law, as they will no longer form part of UK law after the end of 2023.
	Subsection (6) makes consequential amendments to Schedule 1 to EUWA to remove the restrictions on general principles in paragraphs 2 and 3 which are rendered unnecessary by subsection (2) of this section.
	Subsection (7) makes consequential amendments to the transitional provisions in paragraph 39 of Schedule 8 to EUWA, to remove the references to paragraphs 2 and 3 of Schedule 1 to EUWA. Schedule 8 contained transitional provisions concerning the effect of the restrictions on general principles in Schedule 1. These are unnecessary as the relevant paragraphs are removed from Schedule 1 to EUWA by subsection (6).
	Section 22(5) of this Act provides that the changes given effect by this section do not apply in relation to events or acts occurring before the end of 2023. Accordingly, the abolition of general principles of EU law does not affect legal proceedings after the end of 2023 if those proceedings relate to acts or events which took place before the end of 2023.
	The amendments to sections 5 and 6 of EUWA made by section 4 of this Act are subject to sections 5(7) and 6(6A) of EUWA. This means that the abolition of general principles of EU law remain subject to "relevant separation agreement law", so that these principles will continue to apply in so far as the application of EU law is required to implement the Withdrawal Agreement, EEA-EFTA separation agreement and Swiss citizens' rights agreement.