Eu Plebiscite Briefing 1: Tin The Uk Command The Eu’S Hereafter If It Stays A Member?

blog post service on the controversial number of the planned EU/US merchandise bargain (TTIP) too the NHS. 

a)      EU Defence too unusual policy

The United Kingdom has command over European Union defense strength too unusual policy measures because they are inwards regulation taken past times unanimous vote, alongside only express exceptions. On unusual policy inwards general, Article 31 TEU says:

Decisions nether this Chapter shall hold upward taken past times the European Council too the Council acting unanimously, except where this Chapter provides otherwise.

The exceptions are where at that topographic point has been a prior human activeness or asking of European Union Presidents too Prime Ministers (who human activeness past times consensus), or where the European Union is implementing a prior human activeness already agreed past times unanimity, or where the European Union appoints a ‘special representative’. However, at that topographic point is a sort of ‘emergency brake’ inwards all these cases:

If a fellow member of the Council [ie a Member State government] declares that, for vital too stated reasons of national policy, it intends to oppose the adoption of a conclusion to hold upward taken past times qualified majority, a vote shall non hold upward taken.

Also the bulk voting ‘shall non apply to decisions having military machine or defense strength implications’. It’s also possible to apply bulk voting to funding issues, but ane time again there’s a military machine too defense strength exception (Article 41 TEU), too also there’s an exception for a Member State which chose to abstain on a proposal. The bottom describe is that the United Kingdom is inwards command of whether it has to contribute to European Union unusual policy funding.

So whether European Union unusual policy relating to Ukraine or Russian Federation (for instance) is a skillful thought or not, it has non been imposed on the United Kingdom government. Rather the regime is inwards control, because it could receive got vetoed it. This agency that if European Union Member States can’t grip on an issue, at that topographic point is no European Union unusual policy on that issue, too they produce equally they similar – equally inwards the illustration of the Republic of Iraq War, for instance.

Some receive got raised the number of the UK’s permanent topographic point on the United Nations Security Council. In fact Article 34(2) TEU refers to Member  States’ seats on the Security Council, non to whatsoever European Union seat. The United Kingdom has command here, because it could veto whatsoever European Union conclusion that required it to surrender its Security Council seat, equally part of its veto over whatsoever unusual policy matters. It’s suggested that the European Parliament wants that to happen, but the European Parliament has no role inwards European Union unusual policy: Article 36 TEU says that it’s only consulted.

Anyway, a alter to the UK’s Security Council veto  could only hand off past times agency of a alter to the United Nations Charter, too the United Kingdom has command over that: a veto, according to Article 108 of the Charter:

Amendments to the acquaint Charter shall come upward into strength for all Members of the United Nations when they receive got been adopted past times a vote of 2 thirds of the members of the General Assembly too ratified inwards accordance alongside their respective constitutional processes past times 2 thirds of the Members of the United Nations, including all the permanent members of the Security Council.

As for defence, tin at that topographic point hold upward an European Union army? Article 42(2) TEU says:

2. The mutual safety too defense strength policy shall include the progressive framing of a mutual Union defense strength policy. This volition Pb to a mutual defence, when the European Council, acting unanimously, too then decides. It shall inwards that illustration recommend to the Member States the adoption of such a conclusion in accordance alongside their respective constitutional requirements.

So the United Kingdom has command over whatsoever possible ‘common defence’, past times agency of its veto. And there’s more: the ‘constitutional requirements’ that would apply inwards the United Kingdom are non only parliamentary approval, but also a referendum, according to the Five Presidents Report’ on this issue) or for or too then other reason. This is sometimes presented equally a 'superstate', or equally an inevitable resultant of the EU's 'ever closer union' clause. However, the United Kingdom has command over these developments. First of all, the United Kingdom has an opt-out from the unmarried currency, equally discussed below. Secondly, it also has a veto over futurity Treaty amendments.

There are several ways to ameliorate the European Union Treaties, equally laid out inwards Article 48 TEU. They receive got 2 things inwards common: (a) the United Kingdom regime has a veto over all of them (which it used inwards 2011, for instance); too (b) the British Parliament would receive got to approve each of them, either past times voting inwards favour or deciding non to vote against.

But there’s more. The Article 49 TEU, equally follows:

Any European State which respects the values referred to inwards Article 2 too is committed to promoting them may apply to locomote a fellow member of the Union. The European Parliament too national Parliaments shall hold upward notified of this application. The applicant State shall address its application to the Council, which shall human activeness unanimously later on consulting the Commission too later on receiving the assent of the European Parliament, which shall human activeness past times an absolute bulk of its constituent members. The weather condition of admission too the adjustments to the Treaties on which the Union is founded, which such admission entails, shall hold upward the bailiwick of an understanding betwixt the Member States too the applicant State. This agreement shall hold upward submitted for ratification past times all the contracting States in accordance alongside their respective constitutional requirements. The weather condition of eligibility agreed upon past times the European Council shall hold upward taken into account.

So the United Kingdom controls whether a novel province joins the EU, past times agency of a veto. The ‘constitutional requirements’ are an Act of Parliament inwards favour.

There has been or too then describe close novel Member States joining the European Union inwards future, but inwards club to bring together each novel State must negotiate 35 chapters of exceptional close European Union law. In xi years’ of negotiations, Turkey has only agreed ane out of those 35 chapters. It has non fifty-fifty opened many of them:

Moreover, the ‘conditions of eligibility’ include human rights standards, which Turkey doesn’t straightaway meet. Republic of Cyprus would veto Turkish membership unless there’s a bargain on the futurity of the island. The other countries applying to bring together receive got non agreed many chapters either.

In whatsoever event, the electrical flow Member States tin insist on a long waiting menses earlier the gratis displace of persons fully applies to novel Member States. The bulk of the Member States which joined the EEC/EU later on it was founded (14 out of 22) receive got been bailiwick to seven-year waiting periods earlier total gratis displace of people, too longer periods could hold upward applied inwards future.

The United Kingdom veto over enlargement could only hold upward dropped past times a Treaty amendment, approved past times the government, parliament too populace nether the European Union Act 2011.

d)      Taxation

The psyche taxes harmonised at European Union grade are VAT too excise taxes. European Union law sets a minimum charge per unit of measurement for these taxes: it’s 15% for VAT, bailiwick to exemptions. It also defines their scope. The United Kingdom has VAT exemptions on things similar books, basic foodstuffs too children’s clothes.

While VAT is sometimes depicted equally if it is imposed past times the European Union upon the UK, inwards fact the United Kingdom has consented to all VAT laws, since law-making inwards this expanse is bailiwick to unanimity. The dominion currently appears inwards Article 113 of the Treaty on the Functioning of the European Union:

The Council shall, acting unanimously inwards accordance alongside a special legislative physical care for too later on consulting the European Parliament too the Economic too Social Committee, adopt provisions for the harmonisation of legislation concerning turnover taxes, excise duties too other forms of indirect taxation.

So the United Kingdom has command inwards this area, since it has consented to every VAT obligation too excise taxation obligation laid past times European Union law. It’s the UK’s ain conclusion to laid the charge per unit of measurement of taxation for VAT too excise taxes (taxes on alcohol, tobacco too petroleum) higher upward the minimum level. Many people would similar to consider farther exemptions from VAT, such equally on tampons or environmental services; but it was the United Kingdom regime that agreed to commit itself non to lower these rates. Actually, the United Kingdom regime lately agreed to a renewal of the 15% minimum rate. In whatsoever event, the European Union has lately agreed to a more flexible approach, which volition permit VAT to hold upward dropped on tampons too perchance a broader make of other products too services.

It follows from the beingness of the veto that the United Kingdom has command over whatsoever futurity amendment to European Union taxation law inwards these areas, including whatsoever removal of whatsoever exemption, past times agency of its veto.

What close other taxes? There is footling European Union interest inwards other areas of taxation law. So, for instance, the United Kingdom is exclusively gratis to laid rates of personal income tax, National Insurance contributions, corporate taxation, council taxation too many more. However, at that topographic point is or too then express European Union interest inwards cross-border aspects of corporate tax, such equally the recent law which aims to tackle cross-border taxation evasion.

The European Union adopts these laws on the unlike legal footing of Article 115 TFEU:

Without prejudice to Article 114, the Council shall, acting unanimously inwards accordance alongside a special legislative physical care for too later on consulting the European Parliament too the Economic too Social Committee, number directives for the approximation of such laws, regulations or administrative provisions of the Member States equally direct impact the institution or surgical physical care for of the internal market.

Again it tin hold upward seen that unanimity is the rule. So the United Kingdom has a veto. This veto is farther protected past times Article 114(2) TFEU, which says that the bulk voting that unremarkably applies to European Union unmarried marketplace law does non apply to ‘fiscal provisions’.

Therefore the United Kingdom has command over whatsoever novel European Union taxation that powerfulness perchance hold upward proposed to fund refugee too migration costs, or upon pensions, or upon anything else. We tin precisely veto it.

Can these vetoes hold upward removed? As discussed above, due to the European Union Act 2011, they tin only hold upward removed (in whole or part) if the Treaty is amended alongside the consent of the United Kingdom regime too parliament, and the British populace inwards a referendum.

e)      Asylum, non-EU migration too criminal law

The United Kingdom has an opt-out over European Union laws on non-EU migration, criminal law too policing. This is laid out inwards Protocol 21 to the Treaties.

As regards immigration too asylum, the United Kingdom opted out of most non-EU immigration laws, but opted inwards to the commencement stage of asylum laws from 2003-2005, using the veto which it had at the fourth dimension to ensure that these laws did non ask whatsoever alter inwards United Kingdom asylum law. The only noun European Union asylum laws which the United Kingdom has opted inwards to since 2005 are the Dublin III Regulation (on returning asylum-seekers dorsum to or too then other Member State where they commencement entered) too the Eurodac Regulation (on fingerprinting asylum-seekers to that end). The United Kingdom opted out of recent European Union laws on relocating asylum-seekers from Italy too Hellenic Republic to other Member States.

The United Kingdom also has an opt-out from the Schengen organisation of opened upward borders betwixt Member States, too harmonised external edge controls (see Protocols nineteen too 20). This includes an opt-out from the European Union laws on short-term visas (which describe stays of iii months’ maximum). So the United Kingdom volition non hold upward covered past times the proposed laws on waiving the short-term visa requirement for Turkish citizens, or for other countries (Ukraine, Georgia, Kosovo).

For the same reason, the United Kingdom volition also non hold upward covered past times the proposed law on a European Border Guard. While this law originally provided for the edge strength to come inwards a Member State without its consent, that thought was dropped during negotiations. That would anyway non receive got applied to the UK; too inwards fact the European Union courtroom has ruled that the United Kingdom could not opt inwards to the European Union law creating a edge agency (the precursor to the proposed Border Guard law) even if it wanted to, without signing upward to the whole of the Schengen system.

In the areas of criminal law too policing (which volition hold upward the bailiwick of a split weblog post service alongside to a greater extent than detail), the United Kingdom had a veto until 2009, when the Treaty of Lisbon came into force. Since that date, it has had an opt-out, which it has oftentimes used. In particular, it has opted out of the proposal for a European Public Prosecutor. Note that the EU’s constabulary agency, Europol, is non a ‘federal constabulary force’: the Treaty rules out ‘coercive powers’ for it, too then it cannot arrest, query or detain people. Its psyche role is the analysis of constabulary investigation data.

The abolition of the opt-outs on immigration too asylum, Schengen too criminal law would ask a Treaty amendment bailiwick to approving of the regime too Parliament. The abolition of the Schengen opt-out would also ask a national referendum, nether the European Union Act 2011. So would participation inwards the European Public Prosecutor.

f) The Single Currency

The UK’s opt-out from the unmarried currency appears inwards Protocol 15 to the Treaties. Point 1 reads:

1. Unless the United Kingdom notifies the Council that it intends to adopt the euro, it shall hold upward nether no obligation to produce so.

This protocol does non expire at or too then point, equally is sometimes suggested. Neither are ‘all Member States obliged to bring together the euro past times 2020’. So the opt-out is valid for an unlimited period.

The protocol goes on to disapply the diverse European Union law rules relating to the unmarried currency. This has a number of implications. Due to the unmarried currency opt-out the United Kingdom cannot hold upward bailiwick to austerity measures imposed past times the ‘Troika’ that oversees bail-outs to Eurozone countries, since this only applies to states which adopt the unmarried currency. Austerity policy inwards the United Kingdom is solely a conclusion made past times our ain government.

Furthermore the United Kingdom is exempt from or too then European Union banking laws. Most notably it is non obliged to participate inwards the permanent bail-outs of Eurozone states. Only Eurozone states are involved inwards that, on the footing of a separate treaty. In fact the European Union equally such cannot adopt laws on permanent bail-outs, according to the EU court.

The United Kingdom could potentially hold upward part of solely temporary bail-outs. But hither the law was amended to render a guarantee that the United Kingdom would larn its coin dorsum inwards the lawsuit of whatsoever default.

g)      The European Union budget – too the United Kingdom rebate

Of the coin the United Kingdom inwards regulation sends to the EU, at that topographic point are 2 fundamental features: a) a rebate, important or too then of that contribution is never sent at all; too b) or too then European Union spending dorsum inwards the UK. (For an overview, consider here).

It’s often suggested that the rebate is non legally secure, too that the United Kingdom has no command over spending past times the EU. Both suggestions are false.

The rebate is laid out inwards the EU’s Own Resources Decision. This does non (as or too then suggest) receive got an decease appointment (other Member States’ rebates volition expire inwards 2020, but the United Kingdom rebate, too the law equally a whole, volition not). If the European Union wants to ameliorate this law, Article 311 TFEU applies:

The Council, acting inwards accordance alongside a special legislative procedure, shall unanimously too later on consulting the European Parliament adopt a conclusion laying downwardly the provisions relating to the organisation of ain resources of the Union. In this context it may flora novel categories of ain resources or abolish an existing category. That conclusion shall non come inwards into strength until it is approved past times the Member States in accordance alongside their respective constitutional requirements.

It’s clear that the United Kingdom regime tin command the futurity of the rebate past times agency of a veto. Furthermore, too then tin Parliament, since the ‘constitutional requirements’ for the United Kingdom referred to hateful that an Act of Parliament has to hold upward passed for whatsoever amendment to the Own Resources Decision. These constraints receive got meant that the veto has stayed inwards house for over thirty years – although the United Kingdom regime too parliament receive got agreed to or too then reduction inwards it over that time.

It’s clear that this rebate is non ‘conditional’, equally is sometimes suggested. The United Kingdom has total command over the rebate coin too tin produce exclusively what it likes alongside it.

What close European Union spending dorsum inwards the EU? The basic rules on what the European Union spends coin on are laid out inwards the law on the ‘Multi-Annual Financial Framework’. The latest such law is here. The United Kingdom does receive got command over the basic features of this law, because it has a veto over it, according to Article 312(2) TFEU:

2. The Council, acting inwards accordance alongside a special legislative procedure, shall adopt a regulation laying downwardly the multiannual financial framework. The Council shall human activeness unanimously later on obtaining the consent of the European Parliament, which shall hold upward given past times a bulk of its constituent members.

It’s also useful to set the European Union budget contribution into broader perspective. It’s less than 1% of United Kingdom spending (the minor ruddy department of the graph below). So if the United Kingdom no longer paid the contribution, it would hold upward similar getting a pay growth from £400 to £404. The average taxpayer is paying 12p a solar daytime toward the EU.

Conclusion

As nosotros receive got seen:

a)      The United Kingdom cannot hold upward required to bring together an European Union regular army without consent of the United Kingdom government, parliament too public;

b)      Treaty amendments ask the consent of the United Kingdom regime too parliament, too (if there’s whatsoever transfer of powers) the public;

c)       Accession of novel Member States requires the consent of the United Kingdom regime too parliament; it is a long way off for Turkey inwards exceptional too if it always happens, volition hold upward bailiwick to long periods of transition for workers to hold upward admitted;

d)      The United Kingdom has a veto on taxation issues; the United Kingdom government, parliament, too populace would receive got to consent to dropping it;

e)      The United Kingdom has an opt-out from European Union law on asylum, non-EU migration too criminal law; the United Kingdom regime too parliament would receive got to consent to dropping it, too the populace would receive got to grip to bring together Schengen or the European Public Prosecutor;

f)       The United Kingdom has an opt out from the unmarried currency too other related issues, too could only bring together later on the consent of the United Kingdom government, parliament too public;

g)      The United Kingdom has a veto over the basic European Union budget revenue too spending rules, including the United Kingdom budget rebate; the veto could only hold upward dropped alongside the consent of the United Kingdom government, parliament too public.

Of course, at that topographic point are many other possible criticisms of the European Union. Some may hold upward valid, too or too then not. But the declaration that the United Kingdom regime could hold upward forced into whatsoever of the measures listed higher upward is quite clearly imitation too scaremongering. All of the higher upward possible developments are bailiwick to the command of the United Kingdom government, too usually our Parliament too the full general populace besides.

Art: ‘The Scream’, Edvard Munch

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