The UK has notified its intention to withdraw from the European Union EU by invoking Article 50 of the Lisbon Treaty
The UK left the EU on 31 January 2020 after a withdrawal deal was passed by Parliament.
Contents
How will EU law affect us after Brexit?
Brexit and the European Convention on Human Rights
Brexit and the Human Rights Act
Brexit and the United Nations Convention on the Rights of People with Disabilities
Brexit and UK law
The European Union (Withdrawal) Act repeals the European Communities Act 1972 (ECA) on the day the United Kingdom leaves the European Union.
The Act converts EU law as it stands, at the moment of exit, into UK domestic law. The House of Commons Library has estimated that 13.2% of our law enacted between 1993 and 2004 is EU related.
The Act also creates temporary powers to allow corrections to be made to laws that would otherwise no longer operate correctly once the UK has left the EU.
The government has introduced a Brexit Freedoms Bill enabling the UK government to end the special status of all retained EU law by 31 December 2023. This will mean All EU legislation will be amended, repealed, or replaced by this date.
How will EU law affect us after Brexit?
Before Brexit
Before Brexit, a European Court of Justice decision outweighs a UK Supreme Court decision. For more about the court see the European Union website
In addition to the European Court, the EU charter of Fundamental Rights is intended to protect economic, social, cultural, civil and political rights, including social policy.
The Charter includes rights for the disabled, elderly and children as well as protecting rights relating to employment, housing and health.
Questions related to Charter Rights can currently be heard in UK courts where they are concerned with EU law. They can also be taken to the European Court of Justice.
After Brexit
After Brexit, you will usually only be able to challenge a legal decision as high as the UK Supreme Court.
The Government may have to apply new European law, in some circumstances, but this will be incorporated into British law and decided by British courts.
Other agreements where Britain may have to take account of EU law may require a new form of dispute resolution using neither the British or the EU court.
Following withdrawal from the European Union, the EU Charter of Fundamental Rights, will not apply.
Brexit and the European Convention on Human Rights
The Government has stated that it “is committed to membership of the European Convention on Human Rights (ECHR)
The European Convention on Human Rights is an international treaty which Member States of the Council of Europe have signed, including the UK.
The Convention sets out a list of the rights and guarantees (Articles and Protocols) which the States have undertaken to respect.
The European Court of Human Rights (ECHR) hears cases related to the European Convention on Human Rights.
Unlike European Court of Justice decisions, ECHR decisions are not binding though many human rights decisions are considered so important that they become part of EU law, which is binding on EU states.
Brexit will not prevent cases being taken to the ECHR, but the repeal of the Human Rights Act might render ECHR decisions less effective and the UK will not be bound by changes to EU law.
Brexit and the Human Rights Act
The Government plans to replace the Human Rights Act with a Bill of Rights, at some point.
The UK Human Rights Act (HRA) states that UK courts 'must take into account' (not necessarily follow) any judgment, decision, declaration or advisory opinion of the European Court of Human Rights
For more information on the uses of the HRA see our information on the human rights act
You can find summaries of Human Rights related court cases by going to the case law page on our website.
British Bill of Rights
As yet, we have no details about what this Bill will contain, but its aim is that rights should be set out by the UK parliament rather than Europe.
European Court of Human Rights (ECHR) decisions may still be relevant to our law but the British Bill of Rights will determine just how relevant they are.
It is also not clear how a British Bill of Rights would apply to Northern Ireland and Scotland.
Brexit and the Equality Act
There are no plans to remove the Equality Act, following Brexit.
The Equality Act is UK law, which covers discrimination on grounds of Disability, Age, Race, Sex, Sexual Orientation, Religion, Pregnancy, Marriage or Civil Partnership.
It offers protection from discrimination in many situations such as education, employment, exercise of public functions, goods, services, facilities and transport.
For an overview of the Equality Act, see Gov UK's Equality Act Guidance and the Equality and Human Rights Commission website
Brexit and the United Nations Convention on the Rights of People with Disabilities
Brexit does not affect the United Nations Convention on the Rights of People with Disabilities (UNCRPD).
The UNCRPD restates and clarifies the Universal Declaration of Human Rights in relation to disabled people.
The Universal Declaration of Human Rights states the rights to which all human beings are inherently entitled.
The UK is bound, under international law, by the Convention but breaches of rights are often the subject of argument between the UN and the UK.
For more information on the UNCRPD see the Equality and Human Rights Commission Guide on our website.
More information on Brexit
Disability Rights UK has produced a manifesto on what the disability rights sector should be seeking, folowing Brexit
The House of Commons Library has produced a series of research briefings but onlly one specifically related to disability.
This is a Consultation with disabled people on the effect on their services of the UK leaving the EU which was produced for a parliamentary debate
Other briefings include: