House of Commons - The application of the EU Charter of Fundamental Rights in the UK: a state of confusion

European Scrutiny Committee - Forty-Third Report
The application of the EU Charter of Fundamental Rights in the UK: a state of confusion

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 26 March 2014.

Contents

Terms of Reference

Summary

1 The application of the Charter in the UK — a state of confusion

The European Scrutiny Committee

The difference between the Charter of Fundamental Rights and the European Convention on Human Rights

Confusion about the application of the Charter in the UK

The comments of a High Court judge

Reported in the London Evening Standard

Debated in the House of Commons

An urgent need for clarification, and for action

Our view

Approach taken in this Report

2 The negotiation of the Charter—evidence of Lord Goldsmith

The need for a Charter

A political declaration, not a legally binding instrument

The UK Government's policy in the Convention negotiations

Objective 1: making existing fundamental rights more visible

Objective 2: not creating new rights

Objective 3: not making economic and social rights justiciable under EU law

The commentary to the Charter, which became the Explanations

From a political declaration to a legally binding instrument

Protocol 30

Overall assessment of the Charter

3 Contents of the Charter, Explanations, and Protocol 30

Article 6 TEU

The Charter

Preamble

Articles

The Explanations

Protocol 30

Preamble

Articles

4 Interpretation of the Charter and Protocol 30—the views of expert witnesses

Status, scope and legal effects of the Charter

Effect of Protocol 30—application of the Charter in the UK

Article 51 and the Fransson case

Principles v rights

Title IV " Solidarity" Rights

Horizontal application of the Charter

Parallels with the application of the ECHR

The Charter in the future

Scope for opting out of the Charter in the UK

5 Interpretation of the Charter and Protocol 30—the view of the Government

Status, scope and legal effects of the Charter

Effect of Protocol 30—application of the Charter in the UK

Article 51 and the Fransson case

Parallels with the application of the ECHR

The Charter in the future

6 Division of competence between the ECJ and national constitutional courts—Fransson and beyond

Fransson

Opinion of Advocate General Cruz Villalón

The decision of the ECJ

Judicial reaction to Fransson

The German Constitutional Court

Recent comments of Justices of the Supreme Court in the UK

7 Conclusions

What the Charter does and does not do

It is directly effective in the UK, with supremacy over inconsistent national law

It can therefore be used both to interpret and enforce EU law

But the Charter does not apply to all areas of national law or action, only those that fall within the scope of EU law

It does not include new rights

It does not include new economic and social rights

It does not give the EU new competences

Nonetheless, it will affect how pre-existing EU fundamental rights and principles are applied

Impact of the Charter on human rights litigation in the UK

Areas of legal uncertainty

Rights and principles

Pre-existing rights

Field of application

Consistency with the European Convention on Human Rights

Horizontal rights

Division of competence between the ECJ and national courts

8 Recommendations

Formal Minutes

Witnesses

List of published written evidence