So Long, Farewell, Auf Wiedersehen, Adieu: Brexit and the Charter of Fundamental Rights

Posted: 7 Mar 2019

See all articles by Catherine Barnard

Catherine Barnard

University of Cambridge - Trinity College

Date Written: March 2019

Abstract

The UK's relationship with the Charter of Fundamental Rights of the European Union can at best be described as strained, at worst, actively hostile. The Charter was, for the UK, an unwanted child, unloved at birth, grudgingly tolerated during life, and willingly surrendered at the death of the UK's membership of the EU. This article charts the UK's approach to the Charter from its inception to its demise in the EU (Withdrawal) Act 2018. It considers, in particular, the UK's so‐called opt out from the Charter in Protocol 30 and the confusion that has been generated as a result. It then argues that the Charter will have a legacy effect in the UK, primarily through the renaissance of the general principles of law.

Suggested Citation

Barnard, Catherine, So Long, Farewell, Auf Wiedersehen, Adieu: Brexit and the Charter of Fundamental Rights (March 2019). The Modern Law Review, Vol. 82, Issue 2, pp. 350-366, 2019, Available at SSRN: https://ssrn.com/abstract=3347288 or http://dx.doi.org/10.1111/1468-2230.12407

Catherine Barnard (Contact Author)

University of Cambridge - Trinity College ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom
00 44-1223 - 33 00 33 (Phone)
00 44-1223 - 33 00 55 (Fax)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
249
PlumX Metrics