I think that the proposal to which the Minister was referring for giving a fining power to the court was originally proposed by the United Kingdom but I am more worried about the definitional point. I have not yet heard an example of a transfer of competence or powers—the words used by the Minister at Second Reading and again today. I hear about voting rules, and the Government can of course refuse to change the voting rules, but I have not heard about a transfer of power.
I do not think that any example yet given by the Minister is of a transfer of power; that is, something we give up. If the Court of Justice is given a fining power, no British court has a power to levy fines withdrawn. It is not a transfer. I agree that that may be an additional power to the Court of Justice but that is nothing about its competence. It is not a transfer of power if we are not giving anything up. We want the court to enforce EU law.
European Union Bill
Proceeding contribution from
Lord Kerr of Kinlochard
(Crossbench)
in the House of Lords on Tuesday, 5 April 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on European Union Bill.
About this proceeding contribution
Reference
726 c1666-7 Session
2010-12Chamber / Committee
House of Lords chamberSubjects
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