Oral question asked in the House of Lords, by Lord Pearson of Rannoch (UK Independence Party). It was answered by Baroness Scotland of Asthal (Labour) on Thursday, 15 March 2007.

EU: Article 308

Question: What is the justification for using Article 308 of the treaty establishing the European Communities as the legal base for the EuropeanUnion’s programme ““Prevention, Preparedness and Consequence Management of Terrorism”” when that article permits the European Union to act only ““in the course of the operation of the common market””.

Answer: My Lords, Article 308 does not require that every proposal using it as its legal base should relate in a narrow and restrictive sense to the operation of the Common Market. There is limited Community competence in relation to civil protection and the protection of critical infrastructure from security-related risks and damage to these interests could have an impact on economic activity and the operation of the Common Market.

Secondary information

Type: Oral question
Reference: 690 c826
Session: 2006-07
Oral question type: Lead
Chamber / Committee: House of Lords chamber
Related items: EU: Treaties
Monday, 26 March 2007
Written questions
House of Lords; EU: Treaties
Monday, 26 March 2007
Written questions
House of Lords; EU: Article 308
Monday, 16 April 2007
Written questions
House of Lords
Subjects: EU law European Union Legislative competence Terrorism
Link: View this Oral question on www.publications.parliament.uk