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 supremacy of UK Parliament law over European Union law. It aims to ensure that UK courts prioritize UK legislation over EU treaties, instruments, and obligations in cases of conflict.
Description
The bill amends the existing legal framework concerning the relationship between UK law and EU law. Specifically, it states that EU treaties, instruments, and obligations are only binding in UK courts if they don't contradict a later UK law. A UK law will only override EU law if it explicitly states that its provisions will apply "notwithstanding the provisions of the European Communities Act 1972". The bill defines "Community treaties," "Community instruments," and "Community obligations" using the definitions found in the European Communities Act 1972. "Enactment" in this bill refers to any Act of the UK Parliament or any statutory instrument created under such an Act.
Government Spending
The bill's impact on government spending is not directly stated in the text. It is likely to have indirect impacts, such as potential legal costs associated with resolving conflicts between UK and EU law, but no specific figures are provided.
Groups Affected
- UK Courts: Will be required to prioritize UK legislation over EU law in cases of conflict.
- Businesses operating within the UK: May face uncertainty and potential legal challenges due to the changes in legal precedence.
- Individuals involved in legal cases with EU implications: The outcomes of their cases could be altered depending on the interpretation of this act.
- The UK Government: Will need to navigate the implications of this act in international relations and domestic policy.
- The European Union: The bill challenges the supremacy of EU law within the UK legal system.
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