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01 FEB 2012

EU Charter of Fundamental Freedoms is part of UK law

In the case of Saeedi / NS (C411/10) the Court of Justice of European Union (CJEU) has held that there was no UK ‘opt out’ of the EU Charter of Fundamental Freedoms. Accordingly, the extensive rights contained in the Charter apply in the UK. It had been thought that a protocol, which the UK and Poland had negotiated during the passage of the Lisbon Treaty, meant that the Charter would not apply to the UK. However, the CJEU said that the protocol “does not intend to exempt the Republic of Poland or the United Kingdom from the obligation to comply with the provisions of the Charter”.

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