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A Suburb in Stockport

10 10 / 10 from 9 Reviews

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Serenity posted..

[QUOTE=sam39]Oliver: There are two general passerelle clauses in the TEU and the TFEU: one relates to changes to the areas of QMV, the other to changes to the particular legislative procedures to be used. There are some further passerelle clauses that refer to specific policy areas, but they are quite specific - like cross border family law matters. Concentrating on the general clauses, if a proposal is made by the Council of Ministers to use the passerelle clause, then that proposal must be passed by an absolute majority of the European Parliament and referred to each of the 28 NATIONAL parliaments. If the proposal is not ratified by all the national parliaments within 6 months, the proposal falls. Consequently, the UK parliament has an absolute veto on passerelle proposals. In addition, the 2011 Act specifically provides for a referendum for treaty changes and for passerelle proposals. These matters are entirely under the control of the UK parliament.
I do not like referenda either. Leaving aside the issues you raise, a referendum has no legislative power - it is a consultation - and yet a Government cannot ignore it. Take the present referendum. The Government's official position is Remain. If Leave wins, the Government will feel bound to implement a policy it disagrees with. Furthemore, how will it get the necessary legislation through Parliament if the majority of MPs (most Labour, Lib Dems, SNP, and a number of Tories) are against Leaving? And, of course, it would also need to get through the Lords. If Leave wins there will be a major constitutional crisis, which could only be resolved by another general election and the election of a Government with a majority for Leave.

So what is the point then?

So are you saying that in simply terms, if a majority of the public vote to leave the EU, it would not be possible to leave until another general election took place to vote for a party that was in favour of leaving the EU such as UKIP.