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European Court Of Justice: Jurisdiction

Volume 588: debated on Monday 30 March 1998

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asked Her Majesty's Government:Whether, in the Treaty of Amsterdam, section 1, chapter 2, article K7 ("New Article K7 of the TEU"), paragraphs 1, 6 and 7, they understand the phrase, "The Court of Justice shall have jurisdiction …" to mean a permanent transfer of the said jurisdiction to the said Court, not subject to unilateral repeal by any of the signatories; and, if so, how they reconcile this with the constitutional principle that no Parliament can bind the hands of its successors. [HL1152]

Article K7 of the Treaty on European Union (as inserted by the Treaty of Amsterdam) confers limited jurisdiction on the European Court of Justice in respect of the revised Title VI of the Treaty on European Union, which deals with police and criminal judicial co-operation.The United Kingdom will not accept the optional preliminary reference jurisdiction established by this article. Nor will the European Communities (Amendment) Bill incorporate Article K7 into United Kingdom law. There is no question of any transfer of jurisdiction away from United Kingdom courts or of Parliament binding the hands of its successors.