Windsor Framework, Article 2: where are we now after the Court of Appeal’s decision in the Dillon (Legacy Act) case?
Date: 24 October 2024
Venue: Moot Court Room, School of Law, Queen’s University Belfast
The Northern Ireland Committee of the Irish Centre for European Law (ICEL), with the support of the Social Change Initiative (SCI) and the QUB Human Rights Centre, are delighted to announce a half-day conference on Article 2 of the Windsor Framework (previously the Ireland-Northern Ireland Protocol). Article 2 is intended to prevent the diminution of human rights protections in Northern Ireland after Brexit.
The conference will be held in Belfast at Queen’s University on 24 October from 1.00 to 5.30, preceded by a sandwich lunch and followed by a wine reception.
This in-person, ticketed event will provide an in-depth assessment of the unfolding legal issues surrounding Article 2 of the Windsor Framework. The conference will feature an impressive range of speakers who will address the most important legal issues arising in this complex and ever-changing area, including the implications of recent judgments in the Northern Ireland courts.
Confirmed speakers and panelists include:
Dr Lisa Whitten (QUB); Anurag Deb (QUB); Professor Tobias Lock (Maynooth); Professor Brice Dickson (QUB); Professor Colin Murray (Newcastle); Professor Eleni Frantziou (Durham).
It will be chaired by Professor Christopher McCrudden (QUB, Michigan, and Blackstone Chambers) and Advocate-General Anthony Collins of the Court of Justice of the European Union and President of the ICEL will offer his thoughts in closing.
In particular, the conference will consider the decision of the Northern Ireland Court of Appeal in the Dillon et al case, also referred to as the ‘Legacy Act’ case; the judgment in Dillon was announced on Friday, 20th September. The Court of Appeal’s interpretation of Article 2 in this case will have long-lasting consequences for a wide range of issues and the overall framework for the protection of human rights in Northern Ireland in the future.
Issues to be considered will include:
• Using Article 2 in domestic litigation:the basics after Dillon
- status and effect of section 7A of the European Union (Withdrawal) Act 2018
- overall justiciability of Article 2 WF
- effect of Article 4(1) WA on the approach to be taken to the scope and application of Article 2 WF
- the ‘direct effect’ of Article 2 WF
• Scope of rights protected by Article 2 after Dillon
- Vienna Convention on the Law of Treaties and the interpretation of the B-GFA
- interpretation of the relevant part of the Belfast-Good Friday Agreement (‘B-GFA’), and in particular the scope of ‘civil rights’ in that context
- relationship between the ECHR, the Charter of Fundamental Rights and breaches of Article 2 WF, and in particular the issue of ‘diminution’ in that context
- scope of the CFR
- Remedies after Dillon
- approach that will be adopted to the issue of remedies in the event that a breach of Article 2 WF is established
- in particular whether the remedy of ‘disapplication’ is mandatory where a breach of Article 2 WF has been established
- relationship between ECHR remedies and remedies under Article 2 WF
The event will be of particular interest to practicing lawyers, academics, civil servants, and community organizations. It will provide a timely and important opportunity to consider the state of the current law following the Court of Appeal’s judgment and its implications for the future.
If you have any queries, please contact Robert McTernaghan BL directly at
robert.mcternaghan@barlibrary.com
Conference tickets for in-person and online attendance are £25 for general admission; £20 for ICEL members (discount code: MEMBER); and £15 for representatives of NGOs, trainee solicitors, pupil barristers, and students (discount code: NGO).
In -person tickets are available here and online tickets are available here.
CPD points will be available.
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