Tech & Rights

Will Brits Gain or Lose Rights With Brexit?

Public discussion on Brexit is dominated by the economy and control over the UK’s borders, but what about our rights, the very essence of democracy? Take stock with Liberties of what rights Brits (and Europeans) stand to gain and lose from a Brexit.

by György Folk
Boring as it sounds, the European Union was founded primarily to secure peace across the continent after two of the most devastating wars in human history.

But in today’s political climate, decades removed from the last major war in Europe, this is no longer a selling point for many generations of Europeans.

For them, it doesn’t say much that the very nature of the EU as an international body is defined by peaceful coexistence, mutual respect and human rights-based democracy. For citizens under the age of 70, peace is taken for granted – their political choices are dominated by dividing arguments like in the case of the Leave campaign the call to regain sovereignty: "take back control from Brussels."

The greatest underlying threat related to the UK’s decision to leave is the support it shows for Eurosceptics' populist political movements across Europe – famous for being not very rights-friendly.

The EU is us

Remember, however, that the "EU is a foreign power" argument towards the institutions of the Union is by default biased, as the European Union is a political community of equal representatives of all member states. Members of the European Parliament are elected directly by voters in each country.

Each of our governments is represented in the Council. And the Commission is made up of individuals nominated by each of our governments and OK’d by our MEPs in a vote in the European Parliament. The EU is not some alien invader. The EU is us – the combination of politicians that we Europeans, including the British, chose.

Two activists with the EU flag and Union Jack painted on their faces kiss each other in front of the Brandenburg Gate to protest against the British exit from the European Union, in Berlin, Germany, June 19, 2016. Indeed, the Brexit vote is a concern for all Europeans.  (REUTERS/Hannibal Hanschke)

The EU referendum, to be held on June 23, comes at a critical time for the EU. It is now more fragile than at any time in its history – think of the long-drawn-out euro crisis, the recurring drama of the Greeks, the half-baked solutions to address the migration crisis, and of Russia’s massive attempts to divide the continent.

If European governments stop working together through the EU and retreat back into nationalism, what is there to stop the continent from being consumed by the wars that have been part of its history since before Julius Caesar until the creation of the European Economic Community?

Regain their sovereignty?

Another major argument of the Leave campaign is that Brits need to regain sovereignty over their national legislation. More precisely, they dislike that EU law obliges national courts to make sure governments are applying EU law properly.

When national authorities are applying EU law, they have to make sure that these laws are being interpreted in line with the EU’s Charter of Fundamental Rights. If the authorities violate human rights standards while they are implementing EU law, national courts have to strike down the problematic law or policy.

If UK voters choose the second option, they stand to lose rights – and give Euroscepticism a big shot of momentum. (REUTERS/Russell Boyce)

If the UK leaves the EU, national courts will still have the power to check that national law is in line with human rights standards contained in the European Convention on Human Rights. But the courts don’t have the same power to strike down UK laws that violate the Convention.

Simply speaking, and contrary to what has been promised by the Leave campaign, British citizens will have fewer rights if they choose to leave the Union. What’s more, if the Leave campaign succeeds, it may give the government momentum to leave the European Convention on Human Rights or cut back the scope of the UK Human Rights Act, further compromising people's rights and liberties.

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