SUPPLEMENTARY MEMORANDUM OF UNDERSTANDING ON IMPLEMENTING
ARTICLE 8 OF THE PROTOCOL ON THE APPLICATION OF THE PRINCIPLES
OF SUBSIDIARITY AND PROPORTIONALITY
This memorandum is supplemental to one of [date]
between Her Majesty' Government and the Scrutiny Committees of
the two Houses on the management of actions under Article 8 of
the Protocol.
Her Majesty's Government and the Accounting Officers
of the House of Commons and the House of Lords have agreed the
following arrangements regarding the implementation of Article
8 of the Protocol on the Application of the Principles of Subsidiarity
and Proportionality. This provides :
"The Court of Justice of the European Union
shall have jurisdiction in actions on grounds of infringement
of the principle of subsidiarity by a legislative act, brought
in accordance with the rules laid down in Article 263 of the Treaty
on the Functioning of the European Union by Member States, or
notified by them in accordance with their legal order on behalf
of their national Parliament or a chamber thereof."
The House or Houses on whose behalf an action is
brought will be responsible for:
- the costs of conducting the
proceedings, including any costs for preparation of a case which
does not in the event proceed to Court. Such costs include the
costs of instructing Counsel, any translation costs, attending
the hearing and the reasonable costs of the UK Agents; and
- any costs awarded by the Court
against the United Kingdom in the course of the proceedings[1].
This memorandum is not intended to create legal obligations.
11. [Signatures of the Accounting Officers of both
Houses and the Minister]
1 There is a convention that the UK does not seek to
enforce costs awards against the EU institutions, and likewise
they have not enforced costs awards against the UK. Back
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