Explanatory Notes

Lords Amendments to Clause 5: Exceptions to savings and incorporation

Lords Amendment 5*

27 Lords Amendment 5 would provide that only the preamble to the Charter of Fundamental Rights (the Charter) and Chapter V (which relates to citizens’ rights) would be excluded from retained EU law under clause 5. This amendment would therefore mean that any directly effective rights contained in the remainder of the Charter would form part of domestic law after exit by virtue of clause 4, to the extent that these would not in any event form part of domestic law under clause 3 or clause 6.

28 Claimants would therefore continue to be able to bring legal action grounded on these rights as expressed in the Charter. The outcome of this action could be that domestic legislation which directly implements EU law could continue to be struck down on the basis of incompatibility with Charter rights.


Prepared 22nd May 2018