The Emergence of the EU Charter of Fundamental Rights in United Kingdom Law

European Human Rights Law Review 2014, Forthcoming

King's College London Law School Research Paper No. 2014-30

11 Pages Posted: 22 Aug 2014 Last revised: 27 Aug 2014

See all articles by Richard Clayton

Richard Clayton

4-5 Gray's Inn Square

Cian C. Murphy

University of Bristol - School of Law

Date Written: August 12, 2014

Abstract

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

Suggested Citation

Clayton, Richard and Murphy, Cian C., The Emergence of the EU Charter of Fundamental Rights in United Kingdom Law (August 12, 2014). European Human Rights Law Review 2014, Forthcoming, King's College London Law School Research Paper No. 2014-30, Available at SSRN: https://ssrn.com/abstract=2479611

Richard Clayton

4-5 Gray's Inn Square ( email )

London, WC1R 5AH
United Kingdom

Cian C. Murphy (Contact Author)

University of Bristol - School of Law ( email )

8-10 Berkeley Square
Bristol, BS8 1TH
United Kingdom

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