EU: Subsidiarity

Lord Lester of Herne Hill
asked Her Majesty's Government:

Further to the Written Answer by the Lord President (Baroness Ashton of Upholland) on 24 January (WA 62-63), in the event of the Government not agreeing to a request by Parliament to initiate proceedings before the European Court of Justice objecting to draft European Union legislation on subsidiarity grounds, whether they will be obliged to give effect to the will of Parliament by initiating proceedings on behalf of the United Kingdom. [HL1631]

The Lord President of the Council (Baroness Ashton of Upholland)
Article 8 of the Protocol provides for the Court of Justice to have jurisdiction in accordance with the rules laid down in Article 230 with regard to cases notified by member states in accordance with their legal order on behalf of their national parliament. The provision does not create separate standing for national parliaments before the court, nor does it create an obligation to initiate proceedings in all circumstances; rather, it creates an obligation for cases to be notified in accordance with each member state’s legal order.

As at present, it will be for the Government to conduct litigation before the court on behalf of the United Kingdom. This will include cases initiated at the request of Parliament, pursuant to the above provision, on the basis of prior discussion and agreement with the Government. In view of the strong commitment of both Parliament and successive Governments to the principle of subsidiarity, the Government do not envisage circumstances in which there would be a divergence of view as to whether to initiate proceedings.

Lord Lester of Herne Hill
asked Her Majesty's Government:

Further to the Written Answer by the Lord President (Baroness Ashton of Upholland) on 24 January (WA 62-63), how Parliament will be able to initiate proceedings before the European Court of Justice if the Government refuse to agree to a request to bring proceedings objecting to draft European Union legislation on subsidiarity grounds.[HL1632]

Baroness Ashton of Upholland
Article 8 of the Protocol provides for the Court of Justice to have jurisdiction in accordance with the rules laid down in Article 230 with regard to cases notified by member states in accordance with their legal order on behalf of their national parliament. The provision does not create separate standing for national parliaments before the court, nor does it create an obligation to initiate proceedings in all circumstances; rather, it creates an obligation for cases to be notified in accordance with each member state’s legal order.

As at present, it will be for the Government to conduct litigation before the court on behalf of the United Kingdom. This will include cases initiated at the request of Parliament, pursuant to the above provision, on the basis of prior discussion and agreement with the Government. In view of the strong commitment of both Parliament and successive Governments to the principle of subsidiarity, the Government do not envisage circumstances in which there would be a divergence of view as to whether to initiate proceedings.