Topic > Protocol 30 - 627

The European Union adapted the Charter of Fundamental Rights in Strasbourg in 2007. Their intention was to make existing human rights more visible, rather than creating new ones. The Charter is not incorporated into the Treaty of Lisbon, but under Article 51 TEU it has "the same legal value as the Treaties". Despite Article 6 TEU and Article 51 of the Charter, some EU states, such as the United Kingdom and Poland, were concerned about the ability of the Court of Justice to amend their national legislation. Therefore, the United Kingdom and Poland have secured the adoption of a special protocol in which the Charter does not fully apply in both states. Protocol 30 was included in the Treaty of Lisbon: “Protocol on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom”. The United Kingdom is primarily concerned about the ability of the European Court of Justice to impose any type of change to British labor law, while Poland is mainly concerned about same-sex marriage and the right to abortion This protocol has been presented as an "opt-out", according to which the Charter will not bind Poland and the United Kingdom. As Article 1, paragraph 1, of Protocol 30 specifies, "the Charter does not extend the jurisdiction of the Court of Justice of the European Union, or of any court or tribunal of Poland or the United Kingdom" . legal rights that can be enforced against the United Kingdom or Poland before national or Union courts. Furthermore, Article 1(1) is unclearly written and leads to different ways of interpretation, but not can extend it. For example, there are numerous cases where UK courts rely on “freedom of expression” as a general principle of law, so Article 1(1) does not add much to existing case law. Another interpretation would be that, if the Charter of Fundamentals... at the heart of the document... in) per Munby J at paragraph 73: "the Charter is not currently legally binding in our domestic law and is therefore not a source of law in the strict sense. It can, in my opinion, be adequately consulted to the extent that it proclaims, reaffirms or clarifies the content of those human rights generally recognized throughout the family of European nations, in particular the nature and scope of those fundamental rights which are guaranteed by the Convention”. Treaty of Lisbon, 2009, Protocol 30, Article 1(2) European Union Law, pp 229R (Saeedi) v Secretary of State for the Home Affairs (2010) EWHC 705 (Admin) ibid, Lord Cranston J, para 155Treaty of Lisbon, 2009, Protocol 30, Article 2 Attorney General v page 258 ibid, page. 259