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European Union Act 2011

86.Section 7 provides that in respect of the specific matters set down in subsections (2) and (4) a Minister may not confirm the UK’s approval of a decision; vote in favour of; or otherwise support a decision, unless the decision is approved by an Act of Parliament. The Treaty Articles covered by this section have been identified as ‘ratchet clauses’ (also referred to as ‘passerelles’ or ‘bridging clauses’). If an Act of Parliament is not passed, the UK cannot agree to the use of any of these Treaty Articles. All of the decisions covered by section 7 are subject to a unanimous vote in either the Council or the European Council, meaning that any Member State can veto the proposal. Section 7 therefore applies when the Government has agreed to the use of one of the decisions set out in this section, and requires Parliamentary approval before the UK can approve formally the decision.

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