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UCL European Institute

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Resources 

COMMENTS 

An interview with the President of the European Court of Human Rights

Dean Spielmann, President of the European Court of Human Rights since September 2012, has served as a Judge in the Court for over a decade. In a recent interview with the UCL Law Society’s Silk v. Brief, highlights of which are condensed in the blog post below, he discusses the evolving role of human rights in Europe, and explores the complicated relationship between the UK and the European Convention on Human Rights.
Dean Spielmann
23 March 2015 More...

Starts: Mar 23, 2015 12:00:00 AM

In Defence of Rights

Philippe Sands, Professor of Law at UCL and practising barrister in international law, and Helena Kennedy, a leading barrister and academic in human rights law, civil liberties and constitutional issues, were members of the 2011 Commission on a Bill of Rights. In highlights from a recent article in the London Review of Books, they discuss how human rights intersect with politics, examine the UK’s strained relationship with the European Convention on Human Rights, and question the possible motivations lying behind the proposed Bill.
Prof. Philippe Sands 
Helena Kennedy
1 April 2015 More...

Starts: Apr 1, 2015 12:00:00 AM

Exploring ‘Exploratory Governance': the Hertie Governance Report 2015

With the Eurozone crisis not yet over, Albert Weale, Professor of Political Theory and Public Policy at UCL, reviews the Hertie Governance Report 2015 as it analyses the key issues facing the European Institutions in terms of economic governance. As ad hoc solutions are found to deal with urgent matters, what does this mean for political accountability and reform in the EU, and what lessons have been learnt?
Prof. Albert Weale
14 April 2015 More...

Starts: Apr 14, 2015 12:00:00 AM

EU Referendum

UCL European Institute


This section provides background material and references on the implications of the UK's European Union Act 2011, and specifically its referendum 'lock' provisions.

1. POLICY BRIEF

Brief1

The brief discusses the changes brought about by the EU Act 2011, in relation to Britain’s position in and attitude towards, the European Union. It considers the referendum provisions of the EUA; referenda and UK constitutional law; and the role of referenda in democratic deliberation.

Download

2. BIBLIOGRAPHY AND ONLINE RESOURCES

I. Legislation

European Union Act 2011
See in particular the following provisions:

  • Section 2: Treaties amending or replacing TEU or TFEU
  • Section 3: Amendment of TFEU under simplified revision procedure 
  • Section 4: Cases where treaty or Article 48(6) decision attracts a referendum 
  • Section 6: Decisions requiring approval by Act and by referendum 
  • Section 18: Status of EU law dependent on continuing statutory basis

European Communities Act 1972

II. Explanatory Documents
III. Case Law
  • R. v Secretary of State for Transport Ex p. Factortame (No.2) [1990] 3 W.L.R. 818.
  • HL and R. v Secretary of State for Employment Ex p. Equal Opportunities Commission [1995] 1 A.C. 1 HL
  • Thoburn v Sunderland City Council [2002] EWHC 195 (Admin); [2003] Q.B. 151.
  • R. (on the application of Jackson) v Attorney General [2005] UKHL 56; [2006] 1 A.C. 262.
IV. Literature

European Union Act 2011

  • S Peers, ‘European Integration and the European Union Act 2011: An Irresistible Force Meets an Immovable Object?’ (2013) Public Law 119.
  • MJ Gordon and M Dougan. ‘The United Kingdom’s European Union Act 2011: “Who Won the Bloody War Anyway?” (2012) 37:1 European Law Review 3.
  • P P Craig, 'The European Union Act 2011: Locks, Limits and Legality' (2011) 48 Common Market Law Review 1881.
  • S Peers, ‘The UK’s European Union Bill’ (November 2010), available at Statewatch.org, Annexes I and II.

Referenda and UK Law

  • S Tierney Constitutional Referendums: The Theory and Practice of Republican Deliberation (Oxford University Press, 2012)
  • S Tierney 'Constitutional Referendums: A Theoretical Enquiry' (2009) Modern Law Review 72(3) 360.
  • P Norton, “The United Kingdom: Political Conflict, Parliamentary Scrutiny” in P. Norton (ed.), National Parliaments and the European Union (London: Frank Cass, 1996).

Referenda and the EU

  • FA Cheneval, ‘“Caminante, no Hay Camino, se Hace Camino al Andar”: EU Citizenship, Direct Democracy and Treaty Ratification’ (2007) 13 European Law Journal 647.
  • M Shu, ‘Referendums and the Political Constitutionalisation of the EU’ (2008) 14 European Law Journal 423.
  •  G Barrett, ‘Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European  Union Treaties in Ireland and the Impact of Supreme Court Jurisprudence’ (2009) 5 European Constitutional Law Review 32.