European Union Law and the Rights of Individuals in Northern Ireland: Article 2 of the Windsor Framework

While the UK has left the European Union (Brexit), European Union law still remains relevant to the protection of rights and equality in at least some circumstances in the UK. This is especially so under Article 2 of the Ireland / Northern Ireland Protocol, now called the Windsor Framework (Article 2 WF). Article 2 WF has important potential to ensure that rights and equality protection in Northern Ireland remains aligned to EU law standards. Judges applying Article 2 WF will need to follow case law of the Court of Justice of the European Union when interpreting EU acts or concepts within the Windsor Framework and may still disapply acts of the UK parliament for inconsistency with standards in EU law. There are important challenges and problems facing the application of Article 2 WF, but so far, the Northern Ireland courts have shown a willingness to engage with it and develop it. The potency of Article 2 WF has been demonstrated most clearly in the Legacy Act case and the Illegal Migration Act case where the Northern Ireland courts have disapplied sections of the controversial legislation.