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Angry Northerner @AngryNorthernUK
, 14 tweets, 5 min read Read on Twitter
Finally got time to map these across. This is one for EU Citizens in the UK. #Thread @The3Million

The Charter of Fundamental Rights (CFR) codifies a body of case law into a series of 50+ articles built ON TOP OF the European Convention on Human Rights.
The ECHR was built and ratified by convention in 1953. Way before the EU & is distinct from it. We are not losing the ECHR post-Brexit (thus, keeping the UK's HRA)

However, the CFR is tied into membership of the EU & is often the conduit by which the ECHR is activated.
And this is a problem. Since question LS the CFR hasn't answered yet, are points of case law (yet to be determined) not statute. The CFR codifies a number of key elements of legislation (including clarification) across a body of cases across all 28 member states.
Meaning a case in Germany, Italy or France, which asked the ECJ for a determination on an EU competence area (only in its jurisdiction & scope, not everything), shapes the body of EU case law across all 28 member states. The same is true of the UK asking for a determination.
Now, the key thing to remember is currently the UK's CFR depends on the EU CFR, which is an implicit deference to EU case law. That means when we remove the CFR (as per the EU Withdrawal Act 2018) we remove the CFR.
That would be "OK" if all case law was UK case law. But it's not! It's cases requested of the ECJ by France, Germany, Italy etc. A determination that affects the body of EU case law and the member state, only.

That means this case could never have been brought & won (note dates)
The loss of CFR means UK Supreme Court cannot now rule on matters which are best practise. It doesn't undo Reilly v UK Gov, but it creates a setup where it can't happen again. UK Supreme Court can't hear cases brought on workers rights where Claimant relies on a Fundamental right
& this is the biggest danger but also the EU's biggest strength. They can evolve case law & statute way faster than the UK can. They do it with less people, for more citizens & at a fraction of the cost of each member state's law (esp the UK, as it's the most primitive of all)
As you can see from the graphic, the vote to leave destroyed disabled rights, children's rights etc. All Leave voters can now have their kids rights violated. Eg in care, mental health facilities or Juvenile institutions.

That deserves a round of applause.
That's EU citizens in the UK.

What's more, UK citizens in the EU won't be affected by that loss. Since the EU respects its own law & isn't losing the CFR. Hence UK Citizens in the EU will have their rights protected under the CFR. Creating an asymmetry between EU-27 and UK.
Hence the need for adequacy arrangements between UK & EU for trade in services. Plus

- UK Gov can wire-tap any communication without a warrant

- They could see what websites you visited

- ICO has a role, but UK won't remain compliant with GDPR as it evolves.
& crucially, now we've lost the CFR, there is no protection for your data, enforceable past the ICO. @amnesty could never have brought & won this case. UK's surveillance regime is unlawful.
Arguably, the ICO's remit, its reason for being, is being pulled from under its feet. But for now, managing UK's Data Protection Act 2018. Contracts & framework agreements have been signed which defer to GDPR as written in to UK Law. But, it won't evolve as GDPR evolves.
Making an adequacy decision, less and less likely over time. As the EU accelerates away from the UK in its data security principles. They've worked hard to ensure 1984 doesn't happen. While we jump into the lion's den.

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