Kompetenz-Kompetenz
I was sent an article from Legal Week, by a reader. As I do not seem to have access to the original, and I hesitate to reproduce the whole thing for copyright reasons, I will just give you this little tit bit.
If conflicts of this nature were to arise (between national & EU law) , we have no clear rules for their resolution. On one view, the issue of Kompetenz-Kompetenz (the competence to decide on competences) may require the determination of what is within the scope of EC law to be decided by the ECJ rather than by the national court (see articles 230 and 234 of the treaty). If that is right it has the effect that — in terms of applying EC law — parliamentary sovereignty is a dead letter.
So the judges on the ECJ get to decide their own powers. Comforting isn't it.
1 comment:
That's appalling.
I wouldn't mind these EU rules quite so much if we had the same attitude towards them as people on the continent - i.e. general principles to maybe keep in the back of your mind, but to ignore if they get too troublesome.
But no, being Britain we have to implement them to the letter - no matter how ridiculous.
F
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