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by Munro Research

Sovereignty Of Parliament (European Communities) Bill


Official Summary

A Bill to provide that Community treaties, Community instruments and Community obligations shall only be binding in legal proceedings in the United Kingdom insofar as they do not conflict with a subsequent, expressly inconsistent enactment of the Parliament of the United Kingdom.

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Overview

This bill, the Sovereignty of Parliament (European Communities) Bill, asserts the ultimate authority of the UK Parliament over European Union law. It aims to ensure that UK law always prevails in cases of conflict with EU regulations, treaties, or obligations.

Description

The bill modifies the impact of European Union law within the UK legal system. It declares that EU treaties, instruments, and obligations are only legally binding in UK courts if they do not contradict any subsequent UK law that explicitly states it overrides the European Communities Act 1972.

Key Provisions:

  • EU law will be subordinate to any future UK legislation that expressly declares its precedence over the European Communities Act 1972.
  • The bill defines "Community treaties," "Community instruments," "Community obligations," and "enactment" using existing definitions from the European Communities Act 1972.
  • “Enactment” refers to any Act passed by the UK Parliament or a statutory instrument under such an Act.

Government Spending

The bill's direct impact on government spending is not explicitly stated in the provided text. However, potential indirect costs might arise from legal challenges, potential renegotiations with the EU, or adjustments to UK laws and policies to ensure compliance with the bill's provisions. No specific figures are available.

Groups Affected

  • UK Courts: The bill significantly alters the hierarchy of laws they apply, potentially leading to increased complexity in legal proceedings.
  • Businesses operating in the UK: Businesses will need to adapt to the changed legal landscape, potentially facing uncertainty and increased compliance costs if there are conflicting EU and UK laws.
  • The UK Government: The government faces the task of implementing the bill's provisions, dealing with potential challenges from the EU, and potentially renegotiating certain aspects of EU membership if necessary.
  • EU Institutions: This bill could strain UK-EU relations and possibly lead to disputes if UK laws are seen to clash with EU obligations.
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