European Scrutiny Committee - Fifteenth Report
The EU Bill: Restrictions on Treaties and Decisions relating to the EU

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Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 19 January 2011.

Contents

Terms of Reference

1  Introduction

2  Part 1 of the EU Bill explained

Clause 2—Treaties amending or replacing TEU or TFEU
Referendum condition

Exemption condition

Clause 3—Amendment of TFEU under simplified revision procedure

The significance condition

Clause 4—Cases where a Treaty or Article 48(6) decision attracts a referendum

Clause 5—Statement to be laid before Parliament

Clause 6—Decisions requiring approval by Act and referendum

Clause 7—Decisions requiring approval by Act

Clause 8—Decisions under Article 352 of TFEU

Clause 9—Approval required in connection with Title V of Part 3 of TFEU

Clause 10—Parliamentary control of certain decisions not requiring approval by Act

Summary of the control mechanisms in Part 1

3  Part 1 of the EU Bill reviewed

Coherence of the scheme of Part 1
Power versus competence

Are the different constitutional requirements under the Bill consistent with the competence or power being transferred?

Exceptions to the referendum requirement—significance and judicial review

Codification of existing practice as an exemption from the referendum requirement

Further gaps in the control mechanisms of Part 1

Opt-ins

Enhanced cooperation—internal passerelles

Inadvertent breaches of the Bill

Compatibility of Part 1 with EU and international law

4  Implementation of the referendum lock

Should referendums be limited to issues of constitutional significance?

Voter turnout for referendums required by the Bill

Voting on the question asked in the referendum

5  What are the potential impacts of the Bill on UK-EU relations?

Impact of domestic constraints on EU negotiations

6  Evaluation and conclusions

The likelihood of referendums being held pursuant to Part 1 of the Bill

Exceptions to the referendum requirement—significance, exemption, and judicial review

Significance

Exemption

Judicial review

Conclusion

Further gaps in the control mechanisms of Part 1

Extensions of EU competence in criminal law and procedure and family law

Opt-in decisions

Enhanced cooperation and internal passerelles

Inadvertent breaches of the provisions contained in Part 1 of the Bill

Compatibility of Part 1 with EU and international law

Article 352 TFEU—the flexibility clause

Implementation of the referendum lock

Potential impacts of the Bill on UK-EU relations?

EU enlargement and Accession Treaties

Devolution

Formal Minutes

Witnesses

List of printed written evidence

Oral and Written evidence

Wednesday 8 December 2010

Wednesday 15 December 2010

Written Evidence 2010

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Prepared 24 January 2011