(32) It therefore raises questions about the risk of R O being exposed in the event of the return of inhuman and degrading treatment to detention, after which the original judicial authority has provided information on how to deal with this risk. It would appear that the referring court is satisfied with this information, since it does not ask any particular question on the issue of Article 4 of the Charter, but addresses it in passing on the question of the UK`s withdrawal from the EU. While it is increasingly likely that the Brexit deal will not overcome its first hurdle in Parliament, there is growing evidence in its pages that Brexit has saved the human rights law and secured Britain`s long-term future as a party to the European Convention on Human Rights (ECHR) wrote Frederick Cowell (Birkbeck). The political declaration on the framework of future relations with the EU, the document accompanying the withdrawal agreement, under the title `Values and Fundamental Rights`, reaffirms the obligation to `respect the framework of the European Convention on Human Rights`. The text of the withdrawal agreement itself – which would be legally binding on the government – contains provisions contained in the Northern Ireland Protocols, which seem to assume that the United Kingdom will remain the party of the ECHR. The issue came to the fore last week, after Michel Barnier, the EU`s chief negotiator, revealed that the UK “tells us it does not want to engage formally in the implementation of the ECHR.” Downing Street went on to say that the government continued to support the treaty to which the UK joined in 1951, but that it did not want its accession to be a legally binding part of a future EU-UK trade agreement. It looks like a hair scrape. But it`s much more than that. The link between trade agreements and human rights has become normal in recent years. As Mr Barnier has proposed, the ECHR provides essential legal bases in a number of areas. He stressed cooperation in criminal justice and prosecutions which, as he said, “requires a commitment from both sides to the fundamental rights of individuals.” In the context of the second question, the jurisdiction of the required Member State, which must defer the final decision on the execution of the European Arrest Warrant, must be more clearly expected as to the applicable legal order that will be put in place after the withdrawal of the relevant requesting Member State from the Union. Act 1998 (HRA), replace it with a British Bill of Rights and finally withdraw from the ECHR.
A referendum on the UK`s membership of the EU and the repeal of the HRA were included in the Conservative manifesto for the 2015 general election. The repeal of the HRA, which introduces the ECHR into British law and obliges UK judges to take into account the decisions of the European Court of Human Rights, has been a stated objective of the Conservative party since 2006. Indeed, in his 2010 manifesto, his position on the HRA was clearer than his commitment to leaving the EU. The coalition with the Liberal Democrats and the creation of the Commission for a British Bill of Rights did not seem to kill the idea, but in 2014 the Conservative Party published its proposals for a British Bill of Rights to replace the HRA. Article 50 of the TUE, which is a consequence of Article 53 of the TREATY, under which the Treaty is concluded without limitation in time, specifies that a Member State may decide to withdraw from the European Union (33) and recalls that the Union is based on voluntary participation.