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European law specialist faces Lords questions on repeal of Human Rights Act


Professor Michael Dougan, Professor of European Law and Jean Monnet Chair in EU Law at the University of Liverpool, will be questioned by the House of Lords EU Justice Sub-Committee on Tuesday 15 December.

It will be the latest evidence session in the Committee's ongoing inquiry investigating the consequences of the Government's proposal to repeal the Human Rights Act (HRA) and replace it with a "British Bill of Rights" on the UK's relationship with the EU and on EU law.

Professor Dougan specialises in EU Law, and in particular EU constitutional law, with his work covering constitutional reform, the relationship between EU law and the national legal systems. He has also published widely on the EU's constitutional framework after the Lisbon Treaty and on the principle of direct effect of Union law in national courts and its enforcement.

The Committee will ask Professor Dougan a wide range of questions including:

  • If the UK were to repeal the HRA, would the EU Charter and the common law provide equivalent national protection, or would there be gaps which a Bill of Rights would need to cover?
  • Could you provide examples of situations in which the Court of Justice has both accepted and refused to accept that the EU Charter applies?
  • If a British Bill of Rights departed from clear principles established by European Court of Human Rights case law, would the UK's withdrawal from the ECHR be the eventual outcome?
  • Under national law, would a British Bill of Rights be subject to the supremacy of EU law, or could an exception be made?
  • Could repeal of the HRA put the UK in direct conflict with other areas of EU law and, if so, in which particular areas?

The evidence session will take place on Tuesday 15 December, at 10.45am in Committee Room 3 of the House of Lords.

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