11. Parliamentary Sovereignty within the European Union

2021 ◽  
pp. 281-317
Author(s):  
Ian Loveland
Keyword(s):  
European Union ◽  
First Century ◽  
The European Union ◽  
European Economic ◽  
European Constitution ◽  
Constitutional Order ◽  
Parliamentary Sovereignty ◽  
Treaty Of Rome ◽  
The Uk

This chapter examines the way in which the UK’s membership in the European Economic Community (EEC) prompted changes in the domestic constitutional order. The discussions include the founding principles of the Treaty of Rome; the accession of the UK into the EEC; EEC law, parliamentary sovereignty, and the UK courts; and the horizontal and vertical effects of directives. The chapter explores the controversies engendered by the Maastricht, Amsterdam, and Lisbon Treaties; and concludes by assessing in what senses continued EC membership in the early part of the twenty-first century might have entailed a loss of the UK’s ‘sovereignty’ to a federal European constitution and a rebalancing of power within the domestic constitution between Parliament and the courts.

11. Parliamentary Sovereignty within the European Union

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
European Union ◽  
European Economic Community ◽  
The European Union ◽  
Economic Community ◽  
European Economic ◽  
European Constitution ◽  
Constitutional Order ◽  
Parliamentary Sovereignty ◽  
Treaty Of Rome ◽  
The Uk

This chapter examines the way in which the UK’s membership in the European Economic Community (EEC) prompted changes in the domestic constitutional order. The discussions include the founding principles of the Treaty of Rome; the accession of the UK into the EEC; EEC law, parliamentary sovereignty, and the UK courts; and the horizontal and vertical effects of directives. The chapter explores the controversies engendered by the Maastricht, Amsterdam, and Lisbon Treaties; and concludes by assessing whether continued EC membership will entail a loss of the UK’s ‘sovereignty’ to a federal European constitution and a rebalancing of power within the constitution between Parliament and the courts.

5. Brexit

2021 ◽  
pp. 100-120
Author(s):  
Anne Dennett
Keyword(s):  
European Union ◽  
European Economic Community ◽  
Eu Law ◽  
The European Union ◽  
Economic Community ◽  
European Economic ◽  
The Public ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
Domestic Law

This chapter discusses UK membership of the European Union and the Brexit process. On 1 January 1973, the UK became a member of the European Economic Community, and the UK Parliament passed the European Communities Act 1972, allowing directly applicable European laws to take effect as part of UK domestic law which had an impact on parliamentary sovereignty. In the 2016 Brexit referendum, a narrow majority of the public voted in favour of leaving the European Union and the European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972 on exit day when the UK left the European Union. Brexit has made significant changes to the UK constitution including the creation of a new body of retained EU law in UK domestic law, an impact on devolution, and raising the question of whether it has been a sufficient constitutional moment to trigger a codified UK constitution.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

12. Citizenship and free movement of persons: workers and establishment

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Economic Activity ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Freedom Of Establishment ◽  
European Economic ◽  
Free Movement Of Workers ◽  
Treaty Of Rome ◽  
Free Movement Of Persons

This chapter examines the free movement of workers, family members and non-active persons, and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity.

scholarly journals The Anti-enlightenment Tradition as a Source of Cynicism in the European Union

2020 ◽  
Author(s):  
Tamas Dezso Ziegler
Keyword(s):  
Decision Making ◽  
European Union ◽  
Rule Of Law ◽  
State Level ◽  
First Century ◽  
The European Union ◽  
The Rule Of Law ◽  
Refugee Law ◽  
Ideological Background ◽  
The Uk

AbstractThis article analyses the effect of the anti-Enlightenment tradition on the functioning of the European Union. This tradition covers a lack of belief in liberal values, human rights, egalitarianism, the rule of law, individualism, tolerance, and the respectful cooperation among people. Its ideological background is not new: its existence is also the reason why scholars started to talk about post-fascism in the twenty-first century. In a number of European Union member states, where autocratic tendencies have recently been witnessed (like in Hungary or Poland), it started to dominate decision-making, while its presence is also visible elsewhere, like in the UK, Germany, and Italy. This article selects four prime examples (the rule of law backlash, refugee law, Brexit, and changes to the single market) to show how arguments containing elements of the anti-Enlightenment tradition are used in a cynical way to support partisan and oppressive politics while maintaining a seemingly inclusive façade of democratic decision-making. In the European Union, this can result in dubious, un-explained measures and great policy changes both at EU and member state level.

scholarly journals Does Brexit Spell the Death of Transnational Law?

2016 ◽  
Vol 17 (S1) ◽  
pp. 51-62 ◽  
Author(s):  
Ralf Michaels
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Economic Community ◽  
The European Union ◽  
Economic Community ◽  
European Economic ◽  
Transnational Law ◽  
The United Kingdom ◽  
The Uk

Philip Jessup would not be pleased. Exactly sixty years after he published his groundbreaking book onTransnational Law, a majority of voters in the United Kingdom decided they wanted none of that. By voting for the UK to leave the European Union, they rejected what may well be called the biggest and most promising project of transnational law. Indeed, the European Union (including its predecessor, the European Economic Community), is nearly as old Jessup's book. Both are products of the same time. That invites speculation that goes beyond the immediate effects of Brexit: Is the time of transnational law over? Or can transnational law be renewed and revived?

Public Law Concentrate

2021 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Human Rights ◽  
Separation Of Powers ◽  
Public Law ◽  
The European Union ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
The Status ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.

Figure 5.14: the EU and the EC The European Union now encompassing the Community IS NOT: a state in its own right; OR a federation of States with a federal government. The European Union now encompassing the Community IS: an absolutely unique supra-national organisation. The preamble to the Treaty of Rome invited other European States to join the founding six and has expanded to a total of 15 Member States at present: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and the UK. In addition, there are 13 States waiting to join. The EC has a special application procedure and States need to match a range of criteria judged against human rights records and economic stability prior to joining. The 13 States, which are formerly referred to as ‘candidate countries’ (CC) have been in pre-access preparation for a few years. The 13 candidate States are Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia and Turkey and 10 of these are likely to join in 2004 with two in 2006 and the place of Malta and Turkey undecided. These matters change, however, and for updated information you should use the European Union website: www.europa.eu.int. 5.5.4 The treaties setting up the Community and the Union There are a number of treaties that are important for the setting up of the Community and the Union. They have been chronologically listed in Table 5.1, below, with their range of names, main purpose, and the type of treaty. This table should provide you with a useful and quick reference for future use. Following on from the table is a diagram (Figure 5.15, below) that sets out the treaties according to type and function rather than date. Considered together, Table 5.1 and the diagram in Figure 5.15 give a clear view of the main treaties establishing the Community and the Union.

2012 ◽  
pp. 149-153
Keyword(s):  
European Union ◽  
Human Rights ◽  
Federal Government ◽  
The European Union ◽  
Economic Stability ◽  
Application Procedure ◽  
Treaty Of Rome ◽  
The Uk ◽  
And Function ◽  
National Organisation

5. Parliamentary sovereignty, the European Union, and Brexit

Public Law ◽  
2020 ◽  
pp. 154-202
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
European Union ◽  
Legal System ◽  
Working Relationship ◽  
Eu Law ◽  
The European Union ◽  
Political Landscape ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter explains the process and significance of the UK’s membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable legal system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.

5. Parliamentary sovereignty, the European Union, and Brexit

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
European Union ◽  
White Paper ◽  
Stable System ◽  
Working Relationship ◽  
The European Union ◽  
Political Landscape ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter explains the process and significance of the UK's membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK's accession. It then explores cases — from the early 1970s to the present day — which consider the ways in which EU membership has impacted on Parliament's sovereignty. Following this, the chapter explores the legal and political landscape of the UK's departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Bill and its underpinning White Paper.

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