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01 June 2018 / David Burrows
Issue: 7795 / Categories: Features , Brexit , Family
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Child protection

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David Burrows discusses the loss of the EU Charter & the potential impact on children

  • How much of the EU Charter of Fundamental Rights will remain part of the common law for children?
  • The Ministry of Justice needs to clarify the law before exit day, for the sake of children.

The European Union (Withdrawal) Bill left the Commons on 17 January 2018 with cl 5(4) intact. That clause insouciantly says: ‘(4) The Charter of Fundamental Rights is not part of domestic law on or after exit day’, by which it means the EU Charter (2000/C 364/01). For English law purposes the Charter will disappear (unless the Lords revives it and the Commons relent); and if so how far will what it says remain part of the common law for children?

Disappearance of the Charter only matters, in law, if a case is decided under EU law. Thus, Council Regulation (EC) No 2201/2003 of 27 November 2003 Concerning Jurisdiction… in Matters of Parental Responsibility (Brussels IIA) was picked out for special mention by the

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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