Tag: EU Charter of Fundamental Rights
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Eleni Frantziou and Anurag Deb: Direct Effect, Disapplication, and the EU Charter of Fundamental Rights: Still Together in Northern Ireland after Dillon?
Between 14 and 16 October 2025, the UK Supreme Court heard the appeal of the Secretary of State for Northern Ireland (‘SOSNI’) against the Dillon decision of the Northern Ireland Court of Appeal (‘NICA’). The facts of the case have already been explained in an earlier post, so there is no need to rehearse them…
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James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers
On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key…
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Solon Solomon: The Chequers Agreement: Brexit and the Infeasibility of Judicial and Legal Independence
The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance was influenced by the House of Lords voting in favour of such a soft Brexit some months ago or by the City entrepreneurs voicing their…
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Azadeh Chalabi: Added Values of National Human Rights Action Planning for the UK in the Age of Brexit
In the age of Brexit when divisions of different kinds (cultural, ethnic, religious, geographical and class, etc.) come into sharp focus, even if the EU Charter of Fundamental Rights can be maintained (with the recent House of Lords amendment to retain the Charter), significant concerns can be raised as to a potential reduction of fundamental…
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Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill
Introduction When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the Second Reading debates, the treatment of the EU Charter of Fundamental Rights caused particular concern. The purpose of this post is to clarify the status…
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Thomas Raine: The CJEU and Data Retention: A Critical Take on the Watson Case
In Joined Cases C-203/15 and C-698/15 Secretary of State for the Home Department v Watson, the Court of Justice of the European Union (CJEU) provided further details about the requirements of EU law for the retention of communications data. The Swedish Administrative Court of Appeal and the Court of Appeal of England and Wales asked…
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Ronan McCrea: Can a Brexit Deal Provide a Clean Break with the Court of Justice and EU Fundamental Rights Norms?
Those concerned with protecting human rights have been vocal in their concern that the Brexit process will lead to a reduction in human rights protection in the UK. Indeed, part of the case presented to voters in favour of Brexit was that leaving the EU would allow the UK to be free of the duty…
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John Adenitire: The Executive Cannot Abrogate Fundamental Rights without Specific Parliamentary Mandate – The Implications of the EU Charter of Fundamental Rights for Triggering Art 50
Legal action has been initiated against the UK Government to compel it to seek authorisation from Parliament before it can trigger Art 50. Various suggestions have been put forward as to how such legal action should be framed. This post argues that the most compelling case for mandatory Parliamentary Mandate for triggering Art 50 is…
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Sionaidh Douglas-Scott: What Happens to ‘Acquired Rights’ in the Event of a Brexit?
Two recent UK Constitutional Law Association blogs (see here and here) have highlighted the importance of rights in the context of the UK’s referendum on EU membership, and indeed within EU law more generally. However, one area of EU rights law where there still exists little information is that of acquired rights. In spite of…
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Piet Eeckhout: The Real Record of the EU Charter of Fundamental Rights
Brexit debates have started focusing on the EU Charter of Fundamental Rights, after it has become clear that the economic effects of the UK departure from the EU are likely to be negative. Michael Gove has attacked the Charter, and the CJEU case law pertaining to it, in a key Leave speech, and the Financial…