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Proceeding contribution from William Cash (Conservative) in the House of Commons on Wednesday, 27 February 2008. It occurred during Debate on bill and Committee of the Whole House (HC) on European Union (Amendment) Bill.


European Union (Amendment) Bill

My hon. and learned Friend might remember the seminal case of Costa v. ENEL. If I may, I will quote briefly from the ECJ's findings."““The transfer by the states from their domestic legal system to the community legal system of the rights and obligations arising under the treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the community cannot prevail.””" In other words, the root of what my hon. and learned Friend is saying—and in contradistinction to the assertion by the right hon. Member for Leicester, West (Ms Hewitt)—is that the European Court of Justice already has a view on its constitutional role, which is that, according to its assertions, domestic law cannot be allowed to prevail against Community law.


Secondary information

Type
Proceeding contribution
Reference
472 c1170-1 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
Constitutions EU law European Union European communities EU integration Referendums Sovereignty Treaties Treaty on European Union UK membership of EU
Legislation
European Communities Act 1972
European Union (Amendment) Bill 2007-08
Bill of Rights 1689
Link
View this Proceeding contribution on www.publications.parliament.uk