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A judgment of the High Court of England and Wales, rendered in November 2013, has reignited the debate about the application of the EU Charter of Fundamental Rights in the United Kingdom. It is recalled that, under art.1(1) of the Protocol to the Lisbon Treaty on the application of the Charter to Poland and the United Kingdom (Protocol No.30), the Charter "does not extend" the ability of the Court of Justice or UK and Polish courts to find that national measures are inconsistent with its provisions.
In his judgment, whilst acknowledging that the language of the Protocol "reveals a certain amount of political haggling", Mostyn J. states that, "to my mind it is absolutely clear that the contracting parties agreed that the Charter did not create one single further justiciable right in our domestic courts".
In this vein, he expresses surprise that, in the light of the judgment of the Court of Justice in NS, the United Kingdom did not have an opt out from the Charter after all.
Even though the above statements were an obiter dictum, the judgment has attracted considerable attention. In some circles, it was met with incredulity. It was discussed widely in the press and was debated in the House of Commons where an inquiry into the matter has also been initiated.
