Tag: European Union
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Roger Masterman: Reasserting/Reappraising Dualism
Dualism is considered a staple characteristic of the UK’s constitutional order. Recognised as a necessary derivative of the concept of parliamentary sovereignty, the notion of dualism is ‘based on the proposition that international law and domestic law operate in independent spheres’ and that interaction between those spheres is formally contingent – in the forum of…
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Christina Eckes: One Step Closer: EU Accession to the ECHR
The final version of the draft accession agreement was concluded on 5 April 2013. It will allow the EU to become a contracting party to the European Convention on Human Rights (ECHR), arguably on more than equal footing with the other Contracting Parties, which are all States. The EU’s accession to the ECHR is a…
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De Baere and Eeckhout et al: Europe, the Prime Minister, and the facts – seven questions for David Cameron
Dear Prime Minister, Much has already been said about your speech on ‘the future of Europe’, delivered on Wednesday 23 January at Bloomberg, and much more remains to be said. As academics in the fields of EU law and international law, we express our hope that the debate on whether or not the UK should…
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David Erdos: Mustn’t Ask, Mustn’t Tell: Could New EU Data Laws Ban Historical and Legal Research?
Even with the advent of Web 2.0, data protection law is still often seen as technical and only narrowly applicable. Technical abstruseness aside (and data protection’s reputation here is certainly deserved!), this understanding couldn’t be more wrong. The existing European data protection framework actually has a breath-taking scope. It applies to anything done electronically with…
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Jo Eric Khushal Murkens and Peter Jones: Salmond and Cameron order a dog’s dinner at the EU café
Countries that are used to referendums on constitutional matters use them sparingly. The UK has no such constitutional requirement, but faces the possibility of having to deal with two such referendums within the spate of a few years. The first referendum could see Scotland break away from the United Kingdom, the second could see the…
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Dorota Leczykiewicz: The ‘national identity clause’ in the EU Treaty: a blow to supremacy of Union law?
The provision generally referred to as ‘the national identity clause’ is located Article 4(2) of the Treaty on European Union (TEU). It says: The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government.…
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Jeffrey Goldsworthy: Parliamentary Sovereignty’s Premature Obituary
At the end of a long review of my book Parliamentary Sovereignty, Contemporary Debates (CUP, 2010, hereafter PS), Vernon Bogdanor concludes that I have “suffered one of the worst fates that can befall a philosopher”: I have “become the prisoner of a doctrine” – that of parliamentary sovereignty (“Imprisoned by a Doctrine: The Modern Defence…
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Jan Komarek: Playing With Matches: The Czech Constitutional Court’s Ultra Vires Revolution
When the Czech Constitutional Court (CCC) declared the CJEU’s judgment in C-399/09 Landtová “ultra vires”, one of my colleagues commented: “giving Solange into their hands was like to let children play with matches”. I am afraid it is the adequate description of the decision, which is difficult to explain in legal terms and which in…