Citation 2011 c. 12 Royal assent 19 July 2011 | ||
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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. Commencement 19 July 2011, 19 August 2011, 19 September 2011 | ||
The European Union Act 2011 (c. 12) 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.
Contents
Background
The Bill was introduced before parliament as a reaction to the European Union (Amendment) Act 2008, which had in the United Kingdom and Gibraltar instituted the Treaty of Lisbon with no participation by the Labour Prime Minister of the day, Gordon Brown and with no referendum, although one had been promised in 2005 in the Labour manifesto.
The Conservative - Liberal Democrat Coalition Agreement pledged in 2010:
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".
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". 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."