Parliamentary Scrutiny of Treaties


Book Description










Parliamentary Scrutiny of Treaties


Book Description







Parliamentary Scrutiny of Treaties


Book Description




Legislative scrutiny


Book Description

The Constitutional Reform and Governance Bill was re-introduced in the House of Commons on 19 November 2009 and the Committee welcomes a number of aspects of the Bill which is implementing some of the commitments made by the Prime Minister in his Governance of Britain statement in July 2007. But the Committee considers there are a number of significant omissions from the Bill including in relation to judicial appointments, parliamentary scrutiny of security and intelligence matters, and the restrictive judicial interpretation of the meaning of public function in the Human Rights Act. They recommend amendments relating to the latter two points. They also look at Protest around Parliament, Ratification of Treaties and Right to a fair hearing and access to a court in the determination of civil rights.The Video Recordings Bill was introduced into the House of Commons on 15 December 2009 and is a fast track piece of legislation which repeals and revives the provisions of the Video Recordings Act 1984 in order to enable them to be notified to the European Commission under the Technical Standards Directive and so secure its enforceability. The Committee considers the human rights issues raised by this Bill should be subjected to parliamentary scrutiny. However as the 1984 Act, serves as an important child protection purpose, that are currently unenforceable, the Committee accepts the need for fast tracking this legislation and does not propose to further scrutinise this Bill.




Subsidiarity, National Parliaments and the Lisbon Treaty


Book Description

The Lisbon Treaty contains provisions which are intended to "encourage greater involvement of national parliaments in the activities of the European Union and to enhance their ability to express their views on draft legislative acts ... as well as on other matters which may be of particular interest to them". This report examines these provisions. The referendum on the Treaty in the Republic of Ireland took place during the course of the inquiry. The "no" vote in Ireland raised the question of whether to continue: it was decided to do so for two main reasons: the first is that, irrespective of the Lisbon Treaty, the principle of subsidiarity will remain an important part of EU and Community law; and the second is that the UK will retain its right to decide whether to opt into European legislation on visas, asylum and immigration under Title IV of the present EC treaty. The conclusions on the provisions of the Lisbon Treaty on subsidiarity include: the substance of the subsidiarity Article in the Lisbon Treaty is the same in its effect as the existing Article in the EC Treaty; examination of EU proposals for compliance with the principle of subsidiarity is a long-established and fundamental part of the scrutiny process of the European Scrutiny Committee of the House of Commons; whether a proposal does or does not comply is a matter of political judgement and is unlikely to be capable of an entirely objective assessment.







Handbook on Good Treaty Practice


Book Description

Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.