Joint Committee on Human Rights report on the human rights implications of Brexit
The Joint Committee on Human Rights published an interim report on the human rights implications of Brexit in December 2016.
This report focused on:
- Rights capable of replication in the law of the UK following Brexit;
- Rights enjoyed by UK nationals in other Member States of the EU which might be retained following negotiation with the remaining EU Member States;
- The extent to which individual rights currently protected under EU law are likely to be protected under the European Convention on Human Rights (ECHR); and
- Questions about the human rights obligations which might be included in any new bilateral trade agreements post-Brexit.
The Joint Committee recommended that:
- The Government should set out a full and detailed list of fundamental rights currently guaranteed by virtue of the UK’s EU membership and what approach it intends to take towards them.
- There should be no opportunity for the Government to repeal fundamental rights by secondary legislation for reasons of expediency: if rights are to be changed there should be parliamentary accountability, with an opportunity for both Houses to debate, amend and vote on such changes; and
- The Government should issue detailed statutory guidance on the status of existing case law. It will also have to determine how it will approach the status of future EU law and the Court of Justice of the European Union (CJEU) decisions to ensure that it is not isolated from developments emanating from the EU.
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