Joshua Folkard: Horizontal Direct Effect of the EU Charter of Fundamental Rights in the English Courts – UK Constitutional Law Association

Posted September 23rd, 2015 in constitutional law, EC law, human rights, judiciary, news, parliament by sally

‘The Court of Appeal has recently pronounced (twice) that some provisions of the Charter of Fundamental Rights of the European Union have horizontal direct effect. These decisions provide some guidance as to the legal and constitutional status of the Charter (at least from an English perspective). The Court of Appeal in both cases held that this conclusion required the disapplication of primary UK legislation. These decisions therefore raise an issue as to the appropriate balance of power between Parliament and English judges.’

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UK Constitutional Law Association, 23rd September 2015