Legal News

Will Brexit weaken the enforcement of fundamental rights in the UK?

Published on: 02 February 2018
Published by: LexisPSL
  • Will Brexit weaken the enforcement of fundamental rights in the UK?
  • Sir Keir Starmer MP, Shadow Secretary of State for Exiting the EU, has criticised the protection of essential rights as ‘woefully inadequate’. What is the reasoning behind this argument? Do you agree with this analysis?
  • Does excluding the Charter from the European Union (Withdrawal) Bill automatically mean the UK abandoning the associated rights?
  • Enforcement and protection of rights
  • The wider political influence of the Charter on regulation
  • Certain rights developed by EU law
  • The loss of the ‘actionability’ of general principles of EU law
  • The government promised a ‘right-by-right’ analysis of essential rights. How did this work in practice? Why did some legal experts criticise the document?
  • Which rights do you think will be most impacted by the government’s decision not to preserve the Charter in UK law?
  • Any other issues worth mentioning? What are your predictions?

Article summary

Public Law analysis: As the European Union (Withdrawal) Bill continued its passage through Parliament, the House of Commons voted not to retain the EU Charter on Fundamental Rights in UK law after Brexit, even though it arguably poses no additional human rights ‘burden’ on the UK government. As this issue continues to resurface in the Lords Stages, Emma Fitzsimons, barrister at Garden Court Chambers, considers whether rights and freedoms in the UK will be undermined post Brexit. or take a trial to read the full analysis.

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