This essay will discuss the fundamental and freedom of the Human Rights Act 1998 regarding Brexit is protecting the citizens in the UK. The Human Rights Act 1998 is a constitutional act sets out the rights and freedoms that everyone in the UK is entitled too. This Act was first drafted in the European Convention Rights then in 1998 to “give further effect to rights and freedoms guaranteed under the European Court of Human Rights.”
The background impact of Brexit has become a major issue in the UK today.
In 2017, Prime Minister David Cameron gave UK citizens to vote in the EU referendum whether to leave or stay in. The most voted to leave the European Union in June 2016. The outcome of this vote has led to many possibility and uncertainty of those who voted to stay in the EU. This resulted in the matters of MP Theresa May voted in Parliament as the next PM which again a conservative. Furthermore, Brexit has taken a big step for them to leave the EU in order for that to happen Brexit will likely impact legal, economic, cultural, and political factors in the United Kingdom which there’s been political debate raises the issues about leaving the EU.
Firstly, the legal impact of Brexit is “intended to regain sovereignty and ‘UK Independence’ is to enhance democracy.” Legal position of the UK with the trade agreements entered into by the EU from many capabilities about real suction that the UK would have on it’s in the twenty-first century geopolitics. This shows the limited sources the UK had back in World War 2 led to joining the EU which was European Communities in 1973 was beneficial for their economy has massively improved their economic growth in the UK from their partnership with twenty-two countries from exports evidence shown from the statistics in 1974 “median income in the UK grew by 79%” shows the EU is a hugely important as a trading partner of the UK as it’s the world’s fifth-largest economy “The UK sells 45% of its exports to other EU member countries.” Therefore, they will lose all of hard work between their stronger relationship will turn into a negative effect.
The effects of leaving the EU is a serious process. The UK courts are limited in their activities by parliamentary sovereignty. The UK judiciary have grown continuously more proficient at conforming the supremacy of EU law with parliamentary sovereignty over the past decades. EU laws are applied in the UK courts is one of them is Human Rights Act 1998 after the referendum they had to invoke and trigger Article 50 TEU “‘[a]ny Member State may decide to withdraw from the Union in accordance with its own constitutional requirements” It is a treaty on European Union. In order for Brexit to happen, the Member State decides to withdraw shall notify the European Council of its intention. The guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, making out the arrangements for its withdrawal, taking account of the framework for its future relationship.
During the negotiations, the UK would still be required to continue implementing EU law. This will be notified in the of the Member States and EU institutions. Therefore, the EU and the state concerned with the aim of concluding an agreement setting out detailed withdrawal arrangements. This will cover the departing Member State’s further relationship with the Union will take two years to agree on these agreements. The role of the Court of Justice unlike the extension treaties, “the withdrawal agreement is not primary EU law” this is an international agreement which will be judicial review by the Court of Justice of the EU in order to look at the draft withdrawal agreement’s capacity with EU laws such as Article 218 TFEU is challenged through CJEU, Article 218(3) and since Article 50 refers only to Article 218(3) would not be possible. For example,
Under the Article 50(3) TEU “the legal consequence of a withdrawal from the EU is the end of the application of the Treaties and the Protocols thereto in the state concerned from that point on.” This shows the EU law is applied in the state concerned although any national acts adopted in implementation or change of the EU law would remain valid until the national authorities decide to amend or repeal them. A withdrawal agreement would need to address to leave out of EU financial programmes and other EU norms. If so, the withdrawing state would need to enact substantial new legislation. Therefore, “a complete isolation of the withdrawing state from the effects of the EU acquis would be impossible if there were to be a future relationship between the former Member State and the EU.” This will enable a stronger relationship to build the bridge between the EU countries.
Moreover, The Court of Justice of the European Union is responsible for making sure member states abide by EU laws. After Brexit, Theresa May wants to control the laws in the UK and bring an end to the jurisdiction of the European Court of Justice in Britain. The government wants the UK to leave the EU courts and find a way into UK laws if ECJ rulings is possible, however it may influence UK laws after Brexit.
Lastly, Article 16 of the EU Citizenship Directive provides “a right to permanent residence for those who have resided for a continuous period of years in the host Member State, this is subject to the proviso that they have to have exercised their treaty rights during that time.” This is for EU AND EEA countries operates a domestic or single market that allows free movement of goods, services and people between member states. It shows the effect it will be for Brexit to depart this as it will keep the EU citizens and UK citizens to move freely as well as the beneficial side to help the Human Right Act 1998 which the treaties in the European Convention on Human Rights mention to protect Article 5 is liberty and security to secure the boarders and safeguarding countries as well as Protocol 4 which in Article 2 provides for a right to freely move within a country once lawfully there and for a right to leave any country. Thus, the UK and EU cultural education will change withdrawing from Article 50 existing agreements on free movement which in the future EU students will need to apply for Tier 4. Under Article 218(3) of the Treaty on the Functioning of the European Union, this agreement should be negotiated. This is concluded on behalf of the Union by the Council, by a qualified majority after obtaining the consent of the European Parliament.
In conclusion, Brexit and Human Rights Act 1998 will leave from the European Union. The Conservatives want to introduce the British “Bills of Rights” for British values as suppose to the Human Right Act contains a set of principle for a modern democratic nation. This will ensure the European Court of Human Rights and Court of Justice will no longer overrule judgments made in British Courts if possible.