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How will EU law affect us after Brexit?

Brexit and human rights

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.

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