European Union Act 2011

European Union Act 2011

2011 CHAPTER 12

Commentary on Sections

Part 1: Restrictions on Treaties and Decisions Relating to EU

Supplementary

Section 14: Consequential amendments and repeals relating to Part 1

109. Subsection (1) provides for the consequential amendment of section 5 of the 2008 Act. Section 5 provides that an Act of Parliament is to be passed before the UK can ratify any amendment to the Treaties of the EU (as defined in paragraph 20 of these Notes). The provisions of Part 1 of this Act supersede section 5 of the 2008 Act, except in relation to the Treaty Establishing the European Atomic Energy Community (‘Euratom Treaty’), as this Act does not extend to amendments of that Treaty. In the event of any amendment being proposed to the Euratom Treaty, section 5 of the 2008 Act would continue to apply.

110. Subsection (2) updates the Constitutional Reform and Governance Act 2010 so that the exemption provided by section 23 of that Act applies to a treaty to which any of the provisions of Part 1 of this Act applies.

111. Subsection (3) provides for the repeal of a number of existing statutory provisions. Section 2 of the European Communities (Amendment) Act 1993 requires an Act of Parliament to be passed before the UK can agree to join the Euro, and so this provision is superseded by the relevant provisions of this Act which require an Act of Parliament to be passed, and a referendum to be held.

112. Sections 1(2) and 1(3) of the European Communities (Amendment) Act 2002 provide that an Order must be laid before the UK can agree to a decision under Article 262 TFEU. Section 12 of the European Parliamentary Elections Act 2002 provides that any treaty which provides for an increase in the powers of the European Parliament cannot be agreed by the UK unless an Act of Parliament has been passed. Section 6 of the 2008 Act provides for the parliamentary control of certain decisions. These provisions are superseded by the provisions of this Act and are no longer required.