Welcome to the UCL European Institute, UCL's hub for research, collaboration and information on Europe and the European Union. We are part of the Institute of Advanced Studies.


UCL European Institute
trans32.pngtrans32.pngtrans32.pngtrans32.png

Resources 

COMMENTS 

Hollande's response to the Nice massacre will please only the far right

On Thursday night, for the third time since January 2015, President François Hollande was faced with a mass murder on French soil. An ashen-faced Hollande, almost looking like a broken man, appeared on television on Friday at 4am and declared: “This is undoubtedly a terrorist attack; the whole of France is under the threat of an Islamic terrorist attack”.
Philippe Marlière
18 July 2016 More...

Starts: Jul 18, 2016 12:00:00 AM

Roman oratory and the EU referendum campaigns

In addition to marking a politically decisive moment in British history, the campaigns in advance of the referendum on the UK’s membership in the EU were exciting objects of study for Classicists in terms of the political use of oratory.
Gesine Manuwald
11 July 2016 More...

Starts: Jul 11, 2016 12:00:00 AM

Where are we now? A response to the referendum

The left has good reasons to be critical of the EU in its current form. But its problem was not that Labour and the unions didn’t address the question of immigration. Rather, they went into this battle with no vision, no plan and no ideas.
6 July 2016
Philippe Marlière More...

Starts: Jul 6, 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.