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Thursday, January 18, 2007

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.

2 comments:

FranceSucks said...

My prediction is this:

The superstate will consolodate power in Brussel after which the religious fanatics/luddites from Poland, Italy, Spain and Greece (and maybe Ireland) will try to force the Netherlands to:

1) Halt legal euthanasia
2) Halt gay marriage
3) Halt soft drugs

and after that (or maybe before) 4) ban all stem cell research in the EU and
5) Eventually criminalize abortion.

The growing muslim population along with the catholics and jewish groups will make this a populist movement for the new superstate. The last time europe was unified was under the Third Reich lest we forget.

Fahrenheit said...

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