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eu jurisprudence problem March 30, 2009

Posted by Bradley in : Uncategorized , trackback

The House of Lords’ European Union Committee raises some perplexing jurisprudential issues in its recent report: The United Kingdom opt-in: problems with amendment and codification. Where the UK is not automatically bound by an EU directive, but decides to opt in, what happens if the EU institutions decide to amend or even repeal the original instrument? Do repealed EU measures cease to exist, or can they retain some life in Member States where they have been implemented? The Committee wrote:

In our view, where the United Kingdom has opted in to a measure but does not opt in to a subsequent measure which purports to repeal and replace it, there is at the very least some doubt as to whether the repeal of the initial measure will be effective in the United Kingdom, or whether the initial measure will continue to apply here, even though only the subsequent measure will apply in other Member States.


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