Abstract
I am very grateful to have been invited to address this distinguished audience tonight on the topic of “BREXIT and the European Convention on Human Rights”.
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Notes
- 1.
Article 51(1).
- 2.
- 3.
Avotiņš v. Latvia [GC], no. 17502/07, § 101, 23 May 2016.
- 4.
Ibid.
- 5.
Section 1(4) of the European Union Referendum Act 2015.
- 6.
Section 1(5).
- 7.
With London (59.9%), Scotland (62%), Northern Ireland (55.8%) and Gibraltar (95.9%) voting for “remain” and the remaining regions and country (Wales) voting for “leave”: the vote for “leave” in Wales was 52.5% and the highest vote for “leave” elsewhere in England was 59.3% in the West Midlands.
- 8.
The European Parliament’s Briefing “Article 50 TEU: Withdrawal of a Member State from the EU” of February 2016 (http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577971/EPRS_BRI(2016)577971_EN.pdf) refers the travaux preparatoires of Article 50 to make clear that “That the introduction of the withdrawal clause was a compromise necessary in order to reach agreement on the Constitutional Treaty is clear from the comments attached to the draft provision (Article I-59) saying that it was a ‘political signal to anyone inclined to argue that the Union is a rigid entity which it is impossible to leave’”.
- 9.
Section 20 of the European Union (Withdrawal) Act 2018 defines “exit day” as meaning “29 March 2019 at 11.00 p.m.”
- 10.
- 11.
Paragraph vii, bold in original.
- 12.
- 13.
Referred to as the “EU ‘acquis’”.
- 14.
Glossary, underlined emphasis added.
- 15.
Paragraph 2.23.
- 16.
Paragraph 2.22, underlined emphasis added.
- 17.
- 18.
- 19.
- 20.
- 21.
- 22.
Including the Withdrawal Agreement, which runs to some 599 pages, including 185 Articles plus numerous Protocols.
- 23.
According to the UK Government’s “Explainer” (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/759020/14_November_Explainer_for_the_agreement_on_the_withdrawal_of_the_United_Kingdom_of_Great_Britain_and_Northern_Ireland_from_the_European_Union.pdf), the Withdrawal Agreement is intended to provide for:
-
a.
a deal on citizens’ rights that protects the rights of EU citizens in the UK and UK nationals in the EU, ensuring they can continue contributing to their communities and live their lives broadly as now;
-
b.
separation provisions that wind down certain arrangements (for example cooperation on civil court cases still ongoing at the end of the implementation period) under the current EU legal order to ensure an orderly withdrawal and smooth transition to the future relationship, noting that the majority of these provisions could be superseded by the agreement on the future relationship;
-
c.
a time-limited implementation period that provides certainty to businesses and individuals and ensures they only have to adjust to one set of changes in line with the future relationship with the EU;
-
d.
arrangements on the financial settlement that represent a fair settlement of the UK’s rights and obligations as a departing Member State, in accordance with its legal commitments and in the spirit of the UK’s continuing partnership with the EU;
-
e.
governance arrangements that provide legal certainty and clarity to citizens, businesses and organisations and respect the autonomy and integrity of both the UK’s and the EU’s legal orders;
-
f.
the unique circumstances in Northern Ireland, including the continuation of the Common Travel Area arrangements, the ongoing protection of rights of individuals in Northern Ireland, and guarantees that, even in the unlikely event that our future relationship with the EU is not in place by the end of the implementation period, there will be no hard border between Northern Ireland and Ireland or a splitting of the UK customs territory;
-
g.
maintaining the UK’s international commitments in respect of the Sovereign Base Areas (SBAs), protecting the interests of Cypriots living and working in the SBAs and ensuring the continued effective operation of the SBAs for military purposes; and
-
h.
a Protocol on Gibraltar which will form part of a wider package of agreements that address issues of importance to citizens and businesses in Spain and Gibraltar and reflect the parties’ desire to work together in support of the shared prosperity and security of the area.
-
a.
- 24.
- 25.
Underlined emphasis added.
- 26.
Ibid., paragraph 7, underlined emphasis added.
- 27.
Ibid., paragraph 83, underlined emphasis added.
- 28.
- 29.
- 30.
- 31.
- 32.
Case C‑327/18 PPU, Judgment of 19 September 2018, ECLI:EU:C:2018:733.
- 33.
At §§ 50–52 and 61 of its judgment.
- 34.
Case C‑661/17, ECLI:EU:C:2019:53.
- 35.
HL PAPER 88, HC 695; https://publications.parliament.uk/pa/jt201617/jtselect/jtrights/695/695.pdf.
- 36.
Ibid., pp. 4–5 (headings omitted).
- 37.
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Eicke, T. (2023). BREXIT and the European Convention on Human Rights. In: Deguchi, M., Yakushiji, K. (eds) Europe and Asia as a Legal Area for Fundamental Rights. Springer, Singapore. https://doi.org/10.1007/978-981-19-7542-4_4
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