European Union Bill — Annual Report on Court Challenge of Clause 18 — Status of EU law dependent on continuing statutory basis — 11 Jan 2011 at 22:00

The majority of MPs voted against requiring an annual report on the extent to which the principle that EU law only applies in the UK via Acts of Parliament has been challenged or questioned in the courts.

Clause 18^[1] of the European Union Bill stated:

• It is only by virtue of an Act of Parliament that directly applicable or directly effective EU law (that is, the rights, powers, liabilities, obligations, restrictions, remedies and procedures referred to in section 2(1) of the European Communities Act 1972) falls to be recognised and available in law in the United Kingdom.

The majority of MPs voted against inserting the following text to the end of that clause:

• "(2) The Secretary of State shall prepare an annual report on the extent to which in the previous 12 months the provisions of subsection (1) have been challenged or questioned in the courts, including the European Court of Justice, identifying any challenge to the declaration contained in that subsection that the status of EU law is dependent on the continuing statutory basis provided by the European Communities Act 1972.
• (3) The report made under subsection (2) shall be laid before Parliament for its approval.'
• [1] Clause 18 of the European Union Bill

Debate in Parliament | Source |