European Union Act 2011

7 Decisions requiring approval by Act

(1) A Minister of the Crown may not confirm the approval by the United Kingdom of a decision to which this subsection applies unless the decision is approved by Act of Parliament.

(2) The decisions to which subsection (1) applies are—

(a) a decision under the provision of Article 25 of TFEU that permits the adoption of provisions to strengthen or add to the rights listed in Article 20(2) of that Treaty (rights of citizens of the European Union);

(b) a decision under the provision of Article 223(1) of TFEU that permits the laying down of the provisions necessary for the election of the members of the European Parliament in accordance with that Article;

(c) a decision under the provision of Article 262 of TFEU that permits the conferring of jurisdiction on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the EU Treaties which create European intellectual property rights;

(d) a decision under the third paragraph of Article 311 of TFEU to adopt a decision laying down provisions relating to the system of own resources of the European Union.

(3) A Minister of the Crown may not vote in favour of or otherwise support a decision to which this subsection applies unless the draft decision is approved by Act of Parliament.

(4) The decisions to which subsection (3) applies are—

(a) a decision under the provision of Article 17(5) of TEU that permits the alteration of the number of members of the European Commission;

(b) a decision under Article 48(7) of TEU which in relation to any provision not listed in Schedule 1—

(i) adopts qualified majority voting, or

(ii) applies the ordinary legislative procedure in place of a special legislative procedure requiring the Council to act unanimously;

(c) a decision under the provision of Article 64(3) of TFEU that permits the adoption of measures which constitute a step backwards in European Union law as regards the liberalisation of the movement of capital to or from third countries;

(d) a decision under the provision of Article 126(14) of TFEU that permits the adoption of provisions to replace the Protocol (No. 12) on the excessive deficit procedure annexed to TEU and TFEU;

(e) a decision under the provision of Article 333(1) of TFEU (enhanced co-operation) that permits the adoption of qualified majority voting, where the decision relates to a provision not listed in Schedule 1 and the United Kingdom is a participant in the enhanced co-operation to which the decision relates;

(f) a decision under the provision of Article 333(2) of TFEU (enhanced co-operation) that permits the adoption of the ordinary legislative procedure in place of a special legislative procedure, where—

(i) the decision relates to a provision not listed in Schedule 1,

(ii) the special legislative procedure requires the Council to act unanimously, and

(iii) the United Kingdom is a participant in the enhanced co-operation to which the decision relates.