Tag Archives

A paper was published by the Government on 14th April 2016, which sets out the main Rights and Obligations arising from the UK’s membership of the European Union.

“This paper aims to set out the main rights and obligations arising from the UK’s membership of the EU. It is not exhaustive and does not seek to cover every right and obligation arising under EU law. Instead, it aims to provide a balanced overview of the most important rights and obligations”

The paper contains a wealth of information outlining the interaction between the UK and the EU.

Here is a brief summary of the main points extracted from the document ( the original consists of almost 100 pages).

Detailed information on each of these topics is provided in  the full document.

The paper is available  at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/516501/Rights_and_obligations_of_European_Union_membership_web_version.pdf

The EU’s Institutions

The EU has a number of institutions involved in taking decisions and making EU laws that apply to the UK. The UK is represented in, or able to nominate members to, all of them. The EU can only make laws within the rules set out in the EU Treaties. These provide different mechanisms for agreeing different types of laws. The UK has a say and promotes the UK’s national interest. Some core principles govern how EU law applies in the UK and in other Member States. But the UK has also negotiated a number of exceptions that give it a special position within the EU.

EU laws

The EU Treaties form the highest level of EU law. They define where the EU is permitted to act, to what extent and how. They also contain a mixture of procedural rules for how the EU operates and substantive rules, such as the requirement that Member States ensure a right to equal pay for men and women. The Treaties set out subject areas in which the EU can make more specific laws, known as the EU’s ‘competences’.Below this, the EU adopts directives, regulations and decisions using the powers set out in the EU Treaties. Directives set out a legal framework that the Member States have to follow, but leave it up to the Member State to choose exactly how to make it part of their law. So once an EU Directive has been agreed, all Member States have an obligation to make national laws that give it effect, but they have a choice as to precisely how to do so. Regulations contain detailed legal rules. Once made, regulations have the force of law in the UK and throughout the EU. Regulations only rarely require the Member States to create their own legal rules in order to ensure the regulation has the desired legal effect.The EU can adopt binding decisions. For example, the Commission has powers to issue decisions that are binding in order to enforce competition rules. Below this, the EU also adopts legislation in order to supplement and amend, or to implement, the rules set out in directives or regulations. Such pieces of legislation are referred to respectively as ‘delegated’ and ‘implementing’ acts.

The EU Budget System

The current EU budget system has a cycle of seven years. The total amount of money available over this period has to be agreed unanimously by all 28 Member States, so the UK, like other Member States, has a veto. The UK has a permanent rebate on its annual contribution (in the form of an upfront reduction to our gross contribution) to the EU budget, unlike any other EU Member State.

Joining and Leaving the EU

European countries can apply to join the EU but the process is complex and lengthy. Each existing EU Member State has a veto over any new country joining, as well as a veto over the pace of negotiations and the terms on which it joins. Any Member State can leave the EU.

Read More