The European Union Act 2011: Locks, limits and legality

Abstract

The European Union Act 2011 imposes a complex set of constraints on the acceptance of EU law within the UK. It stipulates the need for an Act of Parliament and a referendum in a wide range of circumstances - notably Treaty amendment pursuant to the ordinary revision procedure in Article 48(2)-(5) TEU and Treaty reform pursuant to the simplified revision procedure in Article 48(6) TEU - and in addition sets out requirements for statutory approval and other forms of Parliamentary approval in relation to certain EU measures. The 2011 statute raises issues of principle that are relevant for all Member States of the EU. This article explicates the provisions of the European Union Act 2011, and then examines their legal and political implications from the perspective of both UK law and EU law. The article concludes by reflecting more broadly on the implications of the 2011 Act for other forms of constitutional constraint on the acceptance of EU law by the Member States'.