I have two questions for the Minister. First, will he accept that the right to damages under the Francovich principle is more generous to claimants than the common law principle of judicial review under which you very rarely have a right to claim damages as you need to prove misfeasance in public office or something similar? Does he accept that Francovich is more generous? Secondly, does he accept that it therefore follows that paragraph 4 of Schedule 1 to the Bill conflicts with the Government’s purpose in bringing forward this Bill, which is to read across all existing rights that are enjoyed under EU law? If he accepts that, what is the justification for making an exception for Francovich damages?
European Union (Withdrawal) Bill
Proceeding contribution from
Lord Carlile of Berriew
(Crossbench)
in the House of Lords on Monday, 5 March 2018.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on European Union (Withdrawal) Bill.
About this proceeding contribution
Reference
789 c975 Session
2017-19Chamber / Committee
House of Lords chamberLibrarians' tools
Timestamp
2018-03-07 16:43:59 +0000
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