HC 458 - UK Government's renegotiation of EU membership: Parliamentary sovereignty and scrutiny

HC 458 - UK Government's renegotiation of EU membership: Parliamentary sovereignty and scrutiny PDF

Author: Great Britain. Parliament. House of Commons. European Scrutiny Committee

Publisher: The Stationery Office

Published: 2015-12-15

Total Pages: 68

ISBN-13: 0215088107

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By the end of 2017, the UK electorate will be invited to decide whether the UK should remain a member of the EU or leave the EU. Before inviting the electorate to make its choice, the Government is renegotiating the terms of the UK's EU membership. A process as critical as this should be subject to the most careful scrutiny. Yet we have found the Government's approach to Parliament during the renegotiation so far to be reactive and opaque. The onus has been placed on Parliament to guess when to request information and evidence from the Government and others. We regret this approach on a topic of such national importance. Dialogue between the Government and Parliament needs to improve substantially after the December European Council. Under Standing Orders, much of our work involves evaluating EU proposals for legal and political importance. In a similar way, we have assessed each of the Government's four areas of renegotiation against its own criteria. We conclude that the negotiation priorities as set out by the Prime Minister will not deliver the legally binding and irreversible agreement leading to reform of the EU nor a fundamental change in the UK's relationship with it envisaged by him. Given that no Treaty amendments will be made before the referendum, voters are entitled to know the extent to which subsequent Treaty amendment will be required to deliver any new agreement, and how robust and meaningful any guarantees or promises in this respect may be. The Government envisages immediate delivery of the renegotiation outcome by means of an international agreement. It should be clear to the voters that any such agreement would be consistent with the existing EU Treaties only insofar as it is limited to interpreting or supplementing them. It cannot substantively alter the EU Treaties.

UK Government's Renegotiation of EU Membership

UK Government's Renegotiation of EU Membership PDF

Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee

Publisher:

Published: 2016-02-05

Total Pages: 12

ISBN-13: 9780215091031

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By the end of 2017, the UK electorate will be invited to decide whether the UK should remain a member of the EU or leave the EU. Before inviting the electorate to make its choice, the Government is renegotiating the terms of the UK's EU membership. A process as critical as this should be subject to the most careful scrutiny. Yet we have found the Government's approach to Parliament during the renegotiation so far to be reactive and opaque. The onus has been placed on Parliament to guess when to request information and evidence from the Government and others. We regret this approach on a topic of such national importance. Dialogue between the Government and Parliament needs to improve substantially after the December European Council. Under Standing Orders, much of our work involves evaluating EU proposals for legal and political importance. In a similar way, we have assessed each of the Government's four areas of renegotiation against its own criteria. We conclude that the negotiation priorities as set out by the Prime Minister will not deliver the legally binding and irreversible agreement leading to reform of the EU nor a fundamental change in the UK's relationship with it envisaged by him. Given that no Treaty amendments will be made before the referendum, voters are entitled to know the extent to which subsequent Treaty amendment will be required to deliver any new agreement, and how robust and meaningful any guarantees or promises in this respect may be. The Government envisages immediate delivery of the renegotiation outcome by means of an international agreement. It should be clear to the voters that any such agreement would be consistent with the existing EU Treaties only insofar as it is limited to interpreting or supplementing them. It cannot substantively alter the EU Treaties.

A Litmus Test for Democratic Politics in Europe

A Litmus Test for Democratic Politics in Europe PDF

Author: Julien Navarro

Publisher: Taylor & Francis

Published: 2022-12-26

Total Pages: 172

ISBN-13: 1000813967

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This book investigates how political actors - and more particularly members of parliaments - have reacted to Brexit to assess its long-term consequences. Brexit has not only been a major disruption affecting the functioning and internal balance of the European Union (EU), but to a very large extent, it also represents a challenge to the idea of an ‘ever closer union’ and to the democratic principles on which the EU has been built. Relying on empirical explorations of regional and national parliaments across the continent as well as the European Parliament, the chapters in this volume address three intertwined sets of questions regarding the evolution of democratic politics in Europe in the wake of Brexit. Firstly, how do citizens’ representatives assess the UK’s decision to withdraw from the EU and its consequences? Secondly, what is the impact of Brexit as regards the politicisation of the debate on Europe? Has Brexit exacerbated existing political divisions or generated new cleavages? Thirdly, and crucially, have parliaments attempted to and succeeded in influencing Brexit negotiations and their outcome? What positions did parliamentarians promote in these negotiations? What model for the future of the EU did they defend? The book is key reading for all students and researchers interested in Politics and International Relations, Elections, European Studies, and European Union Politics. This book was originally published as a special issue of the Journal of Contemporary European Studies.

Constitutional and Administrative Law

Constitutional and Administrative Law PDF

Author: Roger Masterman

Publisher: Cambridge University Press

Published: 2022-06-02

Total Pages: 889

ISBN-13: 1009178075

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Using numerous topical examples and a clear structure, this third edition textbook provides an accessible, discursive and scholarly treatment of the key contemporary issues in UK public law. Drawing upon their extensive teaching and research experience, Roger Masterman and Colin Murray offer an engaging account of the key topics which make up a constitutional and administrative, or public, law syllabus. Controversial issues and broader debates are highlighted throughout the text, allowing the reader to develop a strong understanding of both the application of key topics in the field and the socio-political context in which the constitution has developed. This fully revised edition includes detailed analysis of recent significant cases, the constitutional implications of the Covid-19 pandemic and a dedicated chapter on the consequences of Brexit.

National Parliaments after the Lisbon Treaty and the Euro Crisis

National Parliaments after the Lisbon Treaty and the Euro Crisis PDF

Author: Jancic Davor

Publisher: Oxford University Press

Published: 2017-04-05

Total Pages: 264

ISBN-13: 0192509349

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A critical assessment by eminent legal and political science experts in the field, this book examines the two key factors which have deeply affected the position of national parliaments in European integrations: the entry into force of the Lisbon Treaty and the sovereign debt crisis in the Eurozone. Structured in three parts, the book will address the question, 'Do national parliaments exhibit resilience or resignation in these changed politico-legal and socio-economic circumstances in the EU?' Part I investigates the impact of the aforementioned factors against the theoretical concepts of constitutionalism and democratic legitimacy. Part II evaluates the changing nature of parliamentary functions, and Part III appraises the evolving relationships between national parliaments and national governments, national courts, and EU institutions, in addition to surveying the emerging patterns of interparliamentary cooperation. This interdisciplinary collection yields novel insights into how the deepening of the Economic and Monetary Union and the pursuance of new initiatives for parliamentary action impact the shape and nature of EU democracy.

The British Constitution Resettled

The British Constitution Resettled PDF

Author: Jim McConalogue

Publisher: Springer

Published: 2019-07-17

Total Pages: 291

ISBN-13: 3030252906

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Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies – the financial transactions tax, freedom of movement of persons, and the working time directive – to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament’s place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.

The Idea of Public Law

The Idea of Public Law PDF

Author: Martin Loughlin

Publisher: Oxford University Press, USA

Published: 2004

Total Pages: 188

ISBN-13: 9780199274727

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This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. Martin Loughlin defends this claim by identifying the conceptual foundations of the public law in governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.Readership: Advanced students and scholars in public law; political theorists and students of political theory. Also the relatively small number of barristers and judges who specialise in public law.

Britain's Political Economies

Britain's Political Economies PDF

Author: Julian Hoppit

Publisher: Cambridge University Press

Published: 2017-05-18

Total Pages: 415

ISBN-13: 1107015251

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An innovative account of how thousands of acts of parliament sought to improve economic activity during the early industrial revolution.

The Political Economy of the 2014-2020 Common Agricultural Policy

The Political Economy of the 2014-2020 Common Agricultural Policy PDF

Author: Johan F.M. Swinnen

Publisher: Rowman & Littlefield

Published: 2015-07-30

Total Pages: 597

ISBN-13: 1783484853

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After five years of debates, consultations and negotiations, the European institutions reached an agreement in 2013 on the Common Agricultural Policy (CAP) for the 2014-2020 period. The outcome has major implications for the EU’s budget and farmers’ incomes, but also for Europe’s environment, its contribution to global climate change and to food security in the EU and in the world. It was decided to spend more than €400 billion during the rest of the decade on the CAP. The official claims are that the new CAP will take better account of society's expectations and lead to far-reaching changes by making subsidies fairer and ‘greener’ and making the CAP more efficient. It is also asserted that the CAP will play a key part in achieving the overall objective of promoting smart, sustainable and inclusive growth. However, there is significant scepticism about these claims and disappointment with the outcome of the decision-making, the first in which the European Parliament was involved under the co-decision procedure. In contrast to earlier reforms where more substantive changes were made to the CAP, the factors that induced the policy discussions in 2008-13 and those that influenced the decision-making did not reinforce each other. On the contrary, they sometimes counteracted one another, yielding an ‘imperfect storm’ as it were, resulting in more status quo and fewer changes. This book discusses the outcome of the decision-making and the factors that influenced the policy choices and decisions. It brings together contributions from leading academics from various disciplines and policy-makers, and key participants in the process from the European Commission and the European Parliament.

Direct Democracy in the EU

Direct Democracy in the EU PDF

Author: Steven Blockmans

Publisher: Rowman & Littlefield

Published: 2019-01-15

Total Pages: 467

ISBN-13: 1786609991

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The European Union is grappling with a democracy problem. The succession of crises which have plagued the increasingly executive EU for years, has led to a rising cacophony of voices calling for fundamental change to the integration project. Yet despite the seismic shock of the Brexit referendum and the electoral upsets by nativist parties across the continent, few of the plans for EU reform include concrete proposals to reduce the age-old democratic deficit. This book is concerned with the two-pronged question of how the relationship between citizens, the state and EU institutions has changed, and how direct democratic participation can be improved in a multi-layered Union. As such, this edited volume focuses not on populism per se, nor does it deeply engage with policy and output legitimacy. Rather, the research is concerned with process and polity. Building on the notion of increasing social, economic and political interdependence across borders, this volume asks how a sense of solidarity and European identity can be rescued from the bottom up by politically empowering citizens to ‘take back control’ of their EU.