The Application of the EU Charter of Fundamental Rights in the UK: A State of Confusion - HC 979
Auteur: Great Britain: Parliament: House of Commons: European Scrutiny Committee, William Cash
Nombre de pages: 74 pages
ISBN: 021507064X, 9780215070647
Edition: The Stationery Office
Date de publication: The Stationery Office
Description: The application of the EU Charter of Fundamental Rights (the EU term for human rights) in the UK has been the subject of considerable media, judicial and political interest since November last year, when the comments of a High Court Judge on its influence on UK law were reported in the press and debated in Parliament. This Report aims to clarify a number of common misconceptions about the role of the Charter. Its key conclusions are: that the Charter applies in the UK where the Government and public authorities are acting within the scope of EU law - there is no opt-out; that the Charter is directly effective in the UK, with supremacy over inconsistent national law, and can therefore be used both to interpret and enforce EU law, and so disapply national legislation based on EU law; that the Charter does not include new rights, however, or give the EU new competences - but it will affect how pre-existing EU fundamental rights and principles are applied. Ministers should act to make clear beyond any doubt that the Charter will not in future apply in the UK, in particular through an amendment to the European Communities Act 1972
