The relationship between the UK Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU) reflects the complex legal landscape in which UK law interacts with European law. This relationship, governed by statutes and conventions, has evolved over time, shaping the contours of human rights protection and legal sovereignty in the United Kingdom.
UK Supreme Court and ECtHR
The Human Rights Act 1998 is a cornerstone of the UK's human rights framework. It incorporates the European Convention on Human Rights (ECHR) into UK law, allowing UK courts, including the Supreme Court, to hear human rights cases and to make rulings based on the Convention. The Act mandates UK courts to interpret legislation in a manner compatible with Convention rights, insofar as possible.
While UK courts strive to interpret domestic law in harmony with the ECHR, they cannot strike down legislation. Instead, they can issue a declaration of incompatibility if a piece of legislation is found to be at odds with the Convention. This signals to Parliament that the law should be amended, but does not change the law itself.
UK courts must take into account the case law from the ECHR but are not bound to follow it slavishly. This allows for a degree of flexibility and enables the UK Supreme Court to diverge from Strasbourg's jurisprudence under certain circumstances, especially where UK constitutional principles or contexts are at stake.
UK Supreme Court and CJEU
The relationship between the UK courts and the CJEU has significantly altered following Brexit. The European Union (Withdrawal) Act 2018 marked a pivotal shift, stipulating that UK courts are not bound by any decisions the CJEU makes after the Brexit transition period (post-11pm on 31 December 2020).
UK courts may consider CJEU decisions made before the end of the transition period as part of retained EU law, but they are not obligated to follow them. The Supreme Court and other appellate courts have the discretion to depart from this body of case law, applying the same criteria they use for reconsidering their own precedents.
The ability of UK courts to refer questions of EU law to the CJEU for a preliminary ruling has been removed, except in specific circumstances related to the interpretation of the EU-UK Withdrawal Agreement, particularly concerning citizens' rights.
In summary, the Supreme Court of the UK maintains a nuanced relationship with both the ECtHR and the CJEU. It is bound by the Human Rights Act to interpret domestic laws in a way that is compatible with the ECHR, reflecting a direct influence of European human rights jurisprudence on UK law. However, following Brexit, the Supreme Court's relationship with the CJEU has been fundamentally altered, with a move towards legal autonomy from EU law while retaining the ability to consider CJEU precedents made before the end of 2020.
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