David Burrows discusses the loss of the EU Charter & the potential impact on children
- How much of the EU Charter of Fundamental Rights will remain part of the common law for children?
- The Ministry of Justice needs to clarify the law before exit day, for the sake of children.
The European Union (Withdrawal) Bill left the Commons on 17 January 2018 with cl 5(4) intact. That clause insouciantly says: ‘(4) The Charter of Fundamental Rights is not part of domestic law on or after exit day’, by which it means the EU Charter (2000/C 364/01). For English law purposes the Charter will disappear (unless the Lords revives it and the Commons relent); and if so how far will what it says remain part of the common law for children?
Disappearance of the Charter only matters, in law, if a case is decided under EU law. Thus, Council Regulation (EC) No 2201/2003 of 27 November 2003 Concerning Jurisdiction… in Matters of Parental Responsibility (Brussels IIA) was picked out for special mention by the Supreme Court in R (Miller & anor) v Secretary of State
