European Union Act 2011

European Union Act 2011
Dates
United Kingdom
Long title	An Act to make provision about treaties relating to the European Union and decisions made under them, including provision implementing the Protocol signed at Brussels on 23 June 2010 amending the Protocol (No. 36) on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community; and to make provision about the means by which directly applicable or directly effective European Union law has effect in the United Kingdom.
Citation	12
Introduced by	William Hague
Territorial extent	United Kingdom (and Gibraltar in part)
Royal assent	19 July 2011
Commencement	19 July 2011, 19 August 2011, 19 September 2011
Status: Current legislation
Text of statute as originally enacted

The European Union Act 2011 is an Act of the Parliament of the United Kingdom, requiring that a referendum be held on amendments of the Treaty on European Union or the Treaty on the Functioning of the European Union. Introduced in the House of Commons by Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs, William Hague on 11 November 2010, the Bill received its Second Reading by 330-195 on 7 December, and was passed by the Commons on 8 March 2011. The Bill was read a second time in the Lords on 22 March, after a hostile reception by Peers. The Act received Royal Assent on 19 July 2011.

Background

The Bill was introduced before parliament as a reaction to the European Union (Amendment) Act 2008, which had in the UK instituted the Treaty of Lisbon with no participation by the Labour Prime Minister of the day, Gordon Brown and with no referendum,^[1] although one had been promised in 2005 in the Labour manifesto.^[2]

The Conservative - Liberal Democrat Coalition Agreement pledged in 2010:

to "ensure that there is no further transfer of sovereignty or powers over the course of the next Parliament";
to "amend the 1972 European Communities Act so that any proposed future treaty that transferred areas of power, or competences, would be subject to a referendum on that treaty"; and
to "examine the case for a United Kingdom Sovereignty Bill to make it clear that ultimate authority remains with Parliament".^[3]

The Queen's speech reaffirmed that legislation would be introduced "to ensure that in future this Parliament and the British people have their say on any proposed transfer of powers to the European Union".^[4]

Provisions

The Act requires that any amendment of the Treaty on European Union or the Treaty on the Functioning of the European Union made by treaty, and any use of a passerelle provision, must be approved by an Act of Parliament at least; and that a referendum must be held in any of various cases (listed in section 4 of the Act) where this would enlarge EU powers or reduce safeguards such as unanimous voting.

The Act also enables ratification of a transitional protocol relating to the number of members of the European Parliament.

Section 18: The Sovereignty Clause

On 6 October 2010, the Government announced that the Act would include a provision "to underline that what a sovereign Parliament can do, a sovereign Parliament can always undo".^[5] The clause, eventually enacted as section 18 of the Act provides that:

"Status of EU law dependent on continuing statutory basis
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 only by virtue of that Act or where it is required to be recognised and available in law by virtue of any other Act."

References

↑ Hansard: Volume No. 470 Part No. 34 House of Commons Debates January 21, 2008 and see Division #50.
↑ Hansard vol.470, part 34, col.1256 see "Mr. Redwood: Does my right hon. Friend further remember that during the 2005 election, when some of us said that we needed to debate this huge transfer of powers because it was so important, the Labour party said that there was no need for that debate in the election, because there would be a referendum later? That is why this is such a cheat." And Hansard vol.470, part 34, col. 1314, remarks by Mr. Francois
↑ The Coalition: our programme for government p. 19, Her Majesty's Government, Cabinet Office, May 2010, Ref: 401238/0510
↑ Lords Hansard 25 May 2010
↑ Foreign and Commonwealth Office, "EU Bill to include Parliamentary sovereignty clause" (London, 6 October 2010)

External links

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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