The EU Charter of Fundamental Rights in Northern Ireland under the Windsor Framework

Abstract

This article analyses the ways in and extent to which the European Union Charter of Fundamental Rights (CFR) continues to operate in Northern Ireland after Brexit. It shows that, primarily through article 2 of the Windsor Framework and article 4 of the Withdrawal Agreement, the CFR retains considerable force in Northern Ireland, even though it has been removed from the statute books in the rest of the United Kingdom (UK). This retention is legally significant as the CFR gives rise to stronger individual remedies and protects a broader range of fundamental rights than any other instrument in UK law, including the Human Rights Act 1998. The article contributes to litigation and human rights policy in Northern Ireland a) by explaining the added value of the CFR for individuals and b) by setting out the legal tests that must be met for the CFR’s application, under both EU law and Brexit legislation.