Charter of Fundamental Rights

Introduction to Human Rights – UK Human Rights Blog:

"it would seem that the much wider Charter of Rights is now part of our domestic law. Moreover, that much wider Charter of Rights would remain part of our domestic law even if the Human Rights Act were repealed." (R(AB) v Secretary of State [2013] EWHC 3453 (Admin), at [14])

 This instrument, which was given legal effect by Article 6(1) TEU (the Lisbon Treaty), is controversial because it contains a range of rights some of which mimic those in the European Convention of Human Rights, others which go beyond the scope of the ECHR by appearing to grant social and economic rights to citizens of the EU, including the right to health care (Article 35), access to services (Article 36) and social security (Article 34).  These are aspirational “rights” whose effect on the EU legislature has yet to be played out.

 Although it has full Treaty force, the Charter does not extend the competence or powers of the EU (Article 51(2) of the Charter and  Article 6(1) TEU).  The jurisprudence of the European Court of Justice has long established the rule that the human rights aspect of Community law is only binding on member states when their actions engage EU law (Case 5/88 Wachauf and Case C-260/89 ERT ).  However, EU law reaches far into the relationship between state and citizen and as a result the UK has filed an “opt-out” protocol in respect of the Charter, Article 1 of which states that it

does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms (Protocol No 30 of 2007)" 'via Blog this'