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Sovereignty of Parliament (European Communities) Bill

Current Stage: 2nd reading

Last updated: 30/10/2008

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Overview

The Sovereignty of Parliament (European Communities) Bill aims to ensure that UK law takes precedence over European Union law in UK courts. It asserts parliamentary sovereignty by stating that EU treaties, instruments, and obligations are only binding if they don't contradict a later, explicitly conflicting UK law.

Description

This bill modifies the legal standing of European Union law within the United Kingdom. Specifically:

  • Supremacy of UK Law: It establishes that future UK laws will supersede conflicting EU laws in UK courts. This means if a UK law explicitly states it overrides parts of the European Communities Act 1972, that UK law will prevail.
  • Express Inconsistency Required: The bill only applies if a new UK law includes specific wording (i.e., "The provisions of this enactment shall take effect notwithstanding the provisions of the European Communities Act 1972.") explicitly stating its intention to override EU law.
  • Definitions: The bill incorporates existing legal definitions of "Community treaties," "Community instruments," and "Community obligations" as found in the European Communities Act 1972.

Government Spending

The bill itself does not directly allocate or change government spending. Its impact on government spending would be indirect and depend on future legislative actions taken by the UK Parliament in light of this altered legal framework. No figures are provided in the bill text.

Groups Affected

The following groups could be significantly affected:

  • UK Courts: The bill directly alters the precedence given to EU law in UK legal proceedings, affecting how judges interpret and apply the law.
  • Businesses operating within the UK: Businesses complying with EU regulations may need to adapt to potential legal changes resulting from this bill.
  • Individuals and citizens: The bill’s impact on individual rights and protections arising from EU law would depend on the future legislation that uses this bill as legal basis.
  • The UK Government: The government will need to navigate the implications of this bill on future lawmaking and international relations.
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