Commentary

A2.301A Convention rights in EU jurisprudence

Administration and compliance

A2.301A Convention rights in EU jurisprudence

A2.301A Convention rights in EU jurisprudence

Following the end of the Brexit transition/implementation period, the EU-UK Trade and Cooperation Agreement1 became effective which reaffirmed the UK's respect for the Convention although the Charter of Fundamental Rights of the European Union (see below) ceased to be applicable in the UK from IP completion day2 and the rights contained in it are only enforceable if they are part of UK law either because they are present in retained EU law (A2.202) or because they stem from international obligations to which the UK is subject3. The Human Rights Act 1998 (see A2.302) will be the main default legislation applicable to human rights cases in the UK.

Judgments of the European Court of Justice made after IP completion day4 are not binding on UK tribunals or courts, but they may 'have regard' to those judgments if they are relevant to the matter being litigated5.

The commentary below is therefore for historical reference only.

The relationship between European Union ('EU') jurisprudence and the law relating to the Convention is complex.

Although EU Institutions are not bound by the Convention, the Court of Justice of the European Union (the 'ECJ') has held consistently that respect for the fundamental rights set out in the Convention is an integral part of EU law and therefore must be enforced in all areas covered by EU law6. This has the consequence that the fundamental rights in the Convention (and the Convention right in the Charter) can be relied on to challenge national measures implementing

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