I am glad that the hon. Gentleman referred to ““exclusive”” competences. Surely if the EU has gained an exclusive competence, a transfer certainly has taken place. A competence shared with the European Union usually results in European Union legislation. Once the European Union has legislated, it has occupied that policy—that part of the field of legal competence—and the doctrine of the European Court is that the EU cannot give that back; the policy can only then be delegated back to the member state. So ““transferred”” is a good word to have in the Bill.
European Union Bill
Proceeding contribution from
Bernard Jenkin
(Conservative)
in the House of Commons on Monday, 24 January 2011.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on European Union Bill.
About this proceeding contribution
Reference
522 c104 Session
2010-12Chamber / Committee
House of Commons chamberSubjects
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