| Author (Corporate) | United Kingdom: House of Commons: European Scrutiny Committee |
|---|---|
| Publisher | The Stationery Office (TSO) |
| Series Title | 10th Report |
| Series Details | (2010-11)HC 633-I/II |
| Publication Date | 2010 |
| ISBN | 978-0-21-555578-6 (Vol I) |
| Content Type | Policy-making |
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This report was produced to coincide with the second reading of the European Union Bill on 7 December 2010. It sets out, in detail, the legal relationship between the United Kingdom and the European Union and the current debate on the scope of Parliamentary sovereignty, then evaluates the sovereignty clause (clause 18) in the light of evidence received. The evidence suggests that the legislative supremacy of Parliament is not currently under threat from EU law. However, the Committee believes recent UK court decisions have called into question the legal basis of Parliamentary sovereignty and the legislative supremacy of Parliament. It concludes that Clause 18 is a reaffirmation of the role of a sovereign Parliament in a dualist state, nothing more, nothing less. It does not address the competing primacies of EU and national law and much evidence suggests the clause is not needed. The Bill's proposal that approval to certain changes in EU law will require first to be approved by an Act of Parliament and that the change should be approved by a referendum is also considered. This 'referendum lock' is viewed as an attempt to bind future Parliaments, but the Committee concludes there is no clear evidence that one Parliament has authority to act in this way. |
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| Source Link | http://www.publications.parliament.uk/pa/cm201011/cmselect/cmeuleg/633/63302.htm |
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| Countries / Regions | United Kingdom |
