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Does European Law Override National Law?
Yes it does.
Is this stated in the Lisbon Treaty? Yes
Is this anything new? No.

[Did] the UK accept this principle?

Yes, and it has done since 1972, when Parliament passed the European Communities Act. Since then, if there has been a conflict between national law and European law, the UK courts have to give priority to European law.

What happens if they don´t?

If a government does break this fundamental obligation, then they can be taken to court and fined (sometimes very heavily!)

To finish up, and just to show you that nothing actually changes in politics, here is a quote made by Lord Denning in 1979.

"If the time should come when Parliament deliberately passes an Act with the intention of repudiating the Treaty, or any provision in it, or intentionally of acting inconsistently with it and says so in express terms then I should have thought that it would be the duty of our courts to follow the statute of our Parliament.   I do not however envisage any such situation... Unless there is such an intentional and express repudiation of the Treaty, it is our duty to give priority to the Treaty."

The adoption by Parliament of a law repudiating a Treaty would, of course, put the UK in breach of its fundamental obligations under European law.

It may be prudent, so forewarned, to review establishing laws cited in "Position paper transmitted to the EU27: essential principles on the financial settlement (pdf, 24 May 2017)

Always read the footnotes, the end notes, and appendices.

Diversity is the key to economic and political evolution.

by Cat on Tue Aug 22nd, 2017 at 08:24:36 PM EST

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