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Resources 

COMMENTS 

EU referendum: the view of a UCL clinician-scientist

John Martin, Professor of Cardiovascular Medicine at UCL, argues that scientific advance relies on creativity, cooperation, and financing. To leave the EU would diminish all three, dimming the light of British science in the world and threatening the UK’s future economy. This piece is part of the UCL European Institute’s commissioning partnership with openDemocracy. For more on this topic, join the UCL European Institute for its high-level panel discussion EU Membership and UK Science on 12 May.
10 May 2016
John Martin
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Starts: May 10, 2016 12:00:00 AM

‘Eurofog’ of claim and counterclaim on EU membership and UK science

Graeme Reid, Professor of Science and Research Policy at UCL, recently advised a House of Lords inquiry on the impact of EU membership on UK  science and research. In this post, he discusses the inquiry’s main findings, both expected and unexpected. He also joins a high-level panel to discuss the topic at the UCL European Institute on 12 May 2016.
10 May 2016
Graeme Reid
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Starts: May 10, 2016 12:00:00 AM

Something rotten in the state of Czechia?

The Czech Republic has been in the news recently because of its politicians' somewhat quick Celtic campaign to rebrand the country to the world as ‘Czechia’. But among political scientists and businesspeople the country's name has long suffered worst damage than this.
5 May 2016
Dr Sean Hanley
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Starts: May 5, 2016 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.