The EU Charter of Fundamental Rights and UK law

Public Law for Everyone

Earlier this week, the Daily Mail ran a story under the headline: “Dozens of EU human rights are smuggled into the UK: Grayling attacks Brussels after claims by top judge”. The “top judge” in question is Mostyn J, whose “claims” were made in the case of R (AB) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin). There is no need, for the purpose of this post, to go into the details of the facts of that case. It is enough to explain that the claimant wished to assert a right – concerning the protection of personal data – which is not (explicitly, at least) conferred by the European Convention on Human Rights and which, as such, is not specifically protected by the Human Rights Act 1998. However, that right is conferred by the EU Charter of Fundamental Rights, raising the question whether it could…

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