Premium
So Long, Farewell, Auf Wiedersehen, Adieu: Brexit and the Charter of Fundamental Rights
Author(s) -
Barnard Catherine
Publication year - 2019
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12407
Subject(s) - charter , political science , demise , brexit , law , confusion , the renaissance , european union , law and economics , history , sociology , business , psychology , international trade , psychoanalysis , art history
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.