Open AccessFarewell to the EU Charter: Brexit and Fundamental Rights Protection
Author(s) -
M. Galimberti
Publication year - 2021
Publication title -
nordic journal of european law
Language(s) - English
Resource type - Journals
ISSN - 2003-1785
DOI - 10.36969/njel.v4i1.23400
Subject(s) - political science , charter , brexit , law , european union , jurisprudence , fundamental rights , european union law , common law , human rights , international trade , economics
Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.