In This Essay, We Will Consider And Analyse The Effect

2033 WordsFeb 15, 20179 Pages
In this essay, we will consider and analyse the effect of Brexit upon the rights of individuals as well as the effect it will have upon the competence of the devolved Scottish government and its relationship with the UK. Treaties, regulations and directives make up the European Union (EU) law. They have a direct effect which means that they are directly implemented in United Kingdom(UK) law. However, a Directive is ‘binding to the result to be achieved, upon each member state to which it is addressed, but shall leave to the national authorities the choice of form and methods '. The national law is legislated in a way that gives effect to the directive. As a result of Brexit treaties and regulations will no longer have effect in the UK,…show more content…
The charter was still carrying out its main role of reaffirming rights, but the UK did not allow it to go beyond this power. Leaving the EU would mean that the charter would no longer apply in the UK, as a result a lot of our rights such as environmental protection, data protection etc would be lost. Also, EU regulations and any future or unimplemented legislation cannot be relied upon in UK courts. Therefore, any future improvements of fundamental rights protection will cease to apply in the UK As the UK has now left the EU the most important question is what will happen to our rights. There is great uncertainty about this as it depends upon what path the UK takes and what sort of contact it maintains with the EU. For example, if it joins the European Economic Area (EEA) then the EU fundamental rights law will still apply, this is because the European Free Trade Association has held that the provisions of the EEA agreement are to be interpreted in the light of EU law. Additionally, the remedies available under the EU law are wider than those under the HRA 1998 because of the supremacy principle. The UK will have civil and political rights, but it will lose a wide range of rights and there will be less remedial options for violations. The Human Rights Centre at the University of Essex
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