ChatterBank3 mins ago
Eu Laws Renegotiable?
I am currently in a discussion whether what we learnt at college is a fixed or flexible rule, that is once created it is not possible to renegotiate or amend existing EU laws, such as free movement, metrication, green taxes etc.
Unlike national laws which are guaranteed reversible on government majority EU laws are mainly made by the Commission and would presumably either need a unanimous vote by all states to replace or alter or otherwise would last forever, which is pretty much the picture we were presented.
Is this correct, if not then how could a country do as Cameron suggests and initiate a one sided negotiation of existing laws, or is it legally and constitutionally impossible (authorities required)?
Unlike national laws which are guaranteed reversible on government majority EU laws are mainly made by the Commission and would presumably either need a unanimous vote by all states to replace or alter or otherwise would last forever, which is pretty much the picture we were presented.
Is this correct, if not then how could a country do as Cameron suggests and initiate a one sided negotiation of existing laws, or is it legally and constitutionally impossible (authorities required)?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.EU law is quite unlike others, it is not made by democratic process and has a status above all others once adopted. You can negotiate and wriggle out until they are finalised but as far as I remember they are written in stone and as long as we remain in it then have no say or power in altering any of them. I have been challenged on this and as my notes are 30 years old and not comprehensive I just need the specific legal position.
There are very few of us understand all this. None of us voted for an overriding, unchangeable government by the EU. I can't do the legal stuff - but I echo Blackadder; it won't matter once we are out and, frankly, we can tell them one day that 'That's it!' and ignore/disentangle from there. No divorce is straightforward (I know!). Laws made by man can be unmade by man. Sorry I can't help on the legal niceties, I'm sure someone can, but the simple word 'no' will suffice. The legal beagles will have to reorganise to that.
The only reason we in the UK bow down to Europe is by virtue of the European Economic Communities Act 1972, especially section 2.2.
All that is needed is an act of parliament entitled The European Economic Communities (amendment ) Act 2014'
It would have but one clause;
s.1 The European Economic Communities Act 1972 is hereby repealed in its entirety.
Job done.
All that is needed is an act of parliament entitled The European Economic Communities (amendment ) Act 2014'
It would have but one clause;
s.1 The European Economic Communities Act 1972 is hereby repealed in its entirety.
Job done.
Still going with blackadder - I live here, don't forget, and am seeing the appalling tangles and deadness daily because France unthinkingly adopts everything and then ignores the application. E.g. my driving licence.
I have held a full UK driving licence since 1978, it is clean. You have eventually to swap it for a French licence.
A year ago I received a letter saying that France was complying with EU directive to change to a card. Went along, handed it in, got it back a few days later with 'Temporaire' stamped across it and an instruction that they were running late and reapply in 6 months.
Anyone tried to hire a car in UK with a French licence stamped 'Temporaire'? Not funny.
Returned to sous-prefecture and was told the only way around was a wait of another YEAR was to reapply for a new licence, which would enable me to pull a caravan. I did it, it involved a silly medical (can I read a number-plate and stand on one leg (?)), it cost me 38 euros.
Have sent all papers in and am awaiting result and can't book removal date until I get licence. That's European law for you ........................
I have held a full UK driving licence since 1978, it is clean. You have eventually to swap it for a French licence.
A year ago I received a letter saying that France was complying with EU directive to change to a card. Went along, handed it in, got it back a few days later with 'Temporaire' stamped across it and an instruction that they were running late and reapply in 6 months.
Anyone tried to hire a car in UK with a French licence stamped 'Temporaire'? Not funny.
Returned to sous-prefecture and was told the only way around was a wait of another YEAR was to reapply for a new licence, which would enable me to pull a caravan. I did it, it involved a silly medical (can I read a number-plate and stand on one leg (?)), it cost me 38 euros.
Have sent all papers in and am awaiting result and can't book removal date until I get licence. That's European law for you ........................
There are clues at least, as a number of experts told Cameron what he's suggesting is legally impossible, and that's what I remember as well. There are official sanctions for each law accepted when broken, if our air quality fails we suffer automatic fines, as we do for most environmental rules they impose.
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