The Emergence of the EU Charter of Fundamental Rights in United Kingdom Law
European Human Rights Law Review 2014, Forthcoming
11 Pages Posted: 22 Aug 2014 Last revised: 27 Aug 2014
Date Written: August 12, 2014
1 December 2014 marks five years since the EU Charter of Fundamental Rights was given full legal force in EU law. Recent judgments in the UK indicate that national courts now readily acknowledge the role of the Charter in domestic law. In this paper we explore the progressive emergence of the Charter in domestic case law against the backdrop of a growing debate over the role of European human rights law in the UK. There are four points of note in the Charter case-law: (i) the pre-eminence of immigration and asylum cases, (ii) arguments as to the personal and material scope of the Charter; (iii) the Charter’s application between private parties (horizontal effect); and (iv) the Charter’s relationship with the ECHR. The paper concludes that the future of the Charter is bound up in the more general question of Britain’s relationship with the wider EU. However, there is much scope for judicial development of the law in years to come.
Keywords: human rights, European Union, EU Charter, United Kingdom
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