EU and Parliamentary Sovereignty
- Created by: wanjikar
- Created on: 01-06-23 11:28
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- Evaluate the view that membership of the EU undermined parliamentary sovereignty.
- EU law and treaties
- EU law and treaties must be followed before UK law
- e.g., Factortame Case EU law said that other Europeans can fish in English waters and vice versa so UK had to change law
- membership of the EU undermines Parliament's role as a decision-making body
- Qualified Majority Voting means countries have to follow laws about fisheries, agriculture, the environment and business
- EU treaties extend the competence of the EU into being able to legislatie on a wider area of policies
- E.G., the Lisbon treaty (2009) which updated EU regulations
- establishing more centralized leadership and foreign policy
- a streamlined process for enacting new policies.
- a process for countries that want to leave the EU
- E.G., the Lisbon treaty (2009) which updated EU regulations
- LIMITATION
- the EU can pass laws but cannot require national laws to change
- EU law and treaties must be followed before UK law
- Can withdraw from the EU
- parliament has the sovereign right to restore full parliamentary sovereignty through leaving the EU
- Due to Brexit, parliament began to enact legislation to reverse the laws under which the UK had joined the European Economic Commission (EEC) in 1973.
- LIMITATION
- Sunak's government announced that they will not repeal 4,000 EU laws by the end of 2023 but 600
- European Court
- traditionally, the highest court of appeal from 2005 was the Supreme Court
- if a party dislikes the outcome of a case, it is taken to the European court, who can then overrule the decision made by the S.C
- takes the enforcement of law out of Parliament's hands
- LIMITATION
- Decisions made by the European court can be ignored by parliament
- E.G., Cameron didn't repeal section 3 of the Representation of the People Act 1983 - which denied prisoners the right to vote.
- EU law and treaties
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