What Is the Difference Between the ECHR and the EU?
Learn how the ECHR differs from the EU, which courts belong to each system, and why Brexit did not end the UK's human rights obligations under the Convention.
The ECHR is a human rights treaty; the EU is a political and economic union. They are separate systems, with different institutions and legal roles. The UK left the EU, but it remains a party to the ECHR.
What does the ECHR do?
The European Convention on Human Rights (ECHR) sets out rights such as the right to a fair trial and freedom of expression. It belongs to the Council of Europe, not the EU. Alleged breaches of the Convention can ultimately be considered by the European Court of Human Rights in Strasbourg.
In UK law, the Human Rights Act 1998 gives effect to Convention rights. UK courts must take account of relevant Strasbourg judgments, but those judgments are not the same as rulings of a UK court. The Act also requires courts to interpret legislation compatibly with Convention rights so far as possible.
What does the EU do?
The European Union is an organisation whose member states cooperate under EU treaties. Its law covers areas including trade and, within its scope, rights protected by the EU Charter of Fundamental Rights. The Court of Justice of the European Union interprets EU law. It is a different court from the European Court of Human Rights.
For a UK law question, the key point is that Brexit did not end the UK's ECHR obligations. The UK is no longer an EU member state, but it remains a member of the Council of Europe and a party to the Convention.
Common exam mistake: Do not write that the ECHR is an EU law or that leaving the EU meant leaving the ECHR. Keep the treaty, the two organisations and their courts distinct.
