Justice written question – answered at on 10 December 2013.
To ask the Secretary of State for Justice what assessment he has made of the impact of the EU's Fundamental Charter of Fundamental Rights on (a) British law and (b) immigration cases; and if he will make a statement.
The Government provided an analysis of the UK court's application of the Charter to the European Scrutiny Committee as part of correspondence on the European Commission's 2012 annual report on the application of the Charter. The analysis included relevant immigration cases.
The analysis confirms the Government's position that the Charter of Fundamental Rights does not create new rights or obligations, that it only applies when the UK is implementing EU law, and that the rights in the Charter must be interpreted in line with their original source.
The impact of the Charter in the UK is an important issue which the Government will keep under review, including as part of the Balance of Competences review.
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