Parliamentary.ai


by Munro Research

European Union Act 2011


Official Summary

To make provision about treaties relating to the European Union and decisions made under them, including provision implementing the Protocol signed at Brussels on 23 June 2010 amending the Protocol (No. 36) on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community; and to make provision about the means by which directly applicable or directly effective European Union law has effect in the United Kingdom.

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Overview

This bill, the European Union Bill, focuses on amending the process by which the UK government ratifies treaties and makes decisions related to the European Union. Key changes involve introducing referendum thresholds and parliamentary approval for significant EU decisions, impacting areas such as defense, currency, and border control.

Description

The bill introduces several key changes to the UK's relationship with the EU. It mandates that the Electoral Commission issue a certificate indicating whether over 40% of eligible voters participated in a referendum before certain EU treaties can be ratified. If participation falls below 40%, parliamentary approval is required. Further amendments mandate parliamentary approval for significant EU decisions, including those relating to:

  • Common EU defence: Parliamentary approval is required for any EU defence decision not covered by existing provisions.
  • Adoption of the Euro: Parliamentary approval and a referendum meeting the participation threshold are required before the Euro can become the UK's currency.
  • Schengen border controls: Parliamentary approval and meeting the participation threshold are required before any decisions eliminating UK border controls can be implemented.

The bill also clarifies the legal status of EU law in the UK, specifying that it relies on the 1972 European Communities Act and any other subsequent Acts.

A proposed temporary clause (Part 1 and Schedule 1) designed to expire at the dissolution of the current Parliament was rejected by the Commons.

Government Spending

The bill itself does not directly allocate or specify any new government spending. However, depending on the outcome of referendums and parliamentary votes, the implementation of new EU-related policies could have indirect budgetary implications depending on the nature of the decisions.

Groups Affected

  • UK Parliament: The bill significantly increases parliamentary scrutiny and control over EU-related decisions.
  • UK Government: The government will need to obtain parliamentary approval for certain EU decisions.
  • Electoral Commission: The commission will have a new responsibility in certifying referendum participation.
  • Voters: The bill could increase or decrease the power of voters depending on the turnout in any referendum.
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