In Defence of Miller

gina-miller.jpgIn June 2016, Jeff King, Professor of Law, UCL and Nick Barber, Associate Professor of Law, University of Oxford, argued that parliamentary approval was required before Article 50 could be triggered. At the time, their arguments were (wrongly) dismissed by various politicians and constitutional experts. Here, they present a rigorous and legally dense defence of the High Court’s recent decision that parliament must give its approval before the government can trigger Article 50. 

Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.

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Power to the parliaments! But will Cameron’s EU partners join his crusade?

Collier's_1921_Vol_7_Frontispiece_--_Parliament_Buildings,_LondonDavid Cameron wants national parliaments to have more say in the EU, but other European capitals have little appetite for radical change. Agata Gostyńska-Jakubowska, Research Fellow at the Centre for European Reform, argues that he should instead focus on improving existing mechanisms for parliaments to influence draft EU legislation.

The British Prime Minister, David Cameron, has been touring European capitals to present his package for reforming the EU. Among other things, he wants a stronger role for national parliaments in the EU, but he has yet to make detailed proposals. Philip Hammond, the foreign secretary, calls this the “scoping stage” during which Cameron is testing Europe’s appetite for reforms. Continue reading

Why National Parliaments in the EU Should Be Empowered

big-benOn Monday 12 October 2015, a panel of experts will to discuss the role of national parliaments in the debate on the EU at an event at the UCL European Institute. Here, Sandra Kröger, lecturer in politics of the University of Exeter, talks about the ‘democratic disconnect’ in the European Union between domestic and EU-level political institutions. She proposes that national parliaments can, and should, be empowered, but also that national parliamentarians need to make better use of the powers already available to them by engaging more closely with EU affairs.

In early 2013, UK Prime Minister David Cameron has publicly announced a referendum on European Union (EU) membership by the end of 2017 should he be re-elected in 2015. He has since linked the now certain referendum to the re-negotiation and eventual re-location of certain competences to the UK as well as the possibility, for the UK, to opt out of specific policies. Just how convincing such demands are in the light of the recent British government’s own balance of competences review not finding any competences that should be returned to Westminster is open to debate. Be that as it may, one central demand of Cameron is a ‘bigger and more significant role’ for National Parliaments (NPs), reflecting a desire for more national democracy. Continue reading