European Union (Amendment) Bill

Part of the debate – in the House of Lords at 5:45 pm on 9th June 2008.

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Photo of Lord Neill of Bladen Lord Neill of Bladen Crossbench 5:45 pm, 9th June 2008

moved Amendment No. 27:

After Clause 6, insert the following new Clause—

"Enforcement of restrictions on jurisdiction of the Court of Justice of the European Union

(1) In accordance with Article 2, paragraph 223 of the Treaty of Lisbon, and subject to the limited exceptions specified in the treaties, the Court of Justice of the European Union shall not have jurisdiction with respect to the provisions in the treaties relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions.

(2) In accordance with the Annexed Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom, the Charter of Fundamental Rights of the European Union does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms.

(3) A court or courts in the United Kingdom designated by the Secretary of State shall have jurisdiction to determine whether a judgment or opinion rendered by the Court of Justice of the European Union is or is not in conformity with subsections (1) or (2).

(4) If a court is satisfied that the judgment or opinion is not in conformity with subsections (1) or (2), it may make a declaration of that non conformity ("a declaration of non conformity").

(5) Any judgment or opinion which has been subject to a declaration of non conformity shall not be binding in the United Kingdom and shall not be treated as a decision to which the provisions of section 3(2) of the European Communities Act 1972 applies.

(6) In this section "the treaties" means—

(a) the Treaty on European Union signed at Maastricht on 7th February 1992 (as amended by the Treaty of Lisbon), and(b) the Treaty establishing (what was then called) the European Economic Community, signed at Rome on 25th March 1957 (as amended and renamed by the Treaty of Lisbon)."