Soldato
- Joined
- 13 May 2003
- Posts
- 8,949
Michael Gove appears to be spouting nonsense that the deal will not be legally binding. It's akin to stating that the courts of this country are able to trump parliamentary supremacy. In other words, yes, the ECJ probably does have that discretion (in respect of the things the ECJ would consider, I invite you all to read Jackson v A-G from our courts which deals with notions of supremacy.... It's long - edit: there's actually a surprisingly decent summary on Wikipedia!), but only if there is something completely perverse and I cannot see any grounded assertion that the deal is perverse, especially when it is, you know, a deal.
In other words, it is more correct to say that the deal is at the potential scrutiny of the ECJ, but as to why and when that will happen... No specifics have been put forward whatsoever, just a puff of hot air without founding, from what I've read.
An intersting topic and a subject I was unaware of.
With respect to the ECJ it has form as they might say for judicial activism and extending the scope of European treaties beyond the letter or intent of the law. The EU has proven itself to be no friend to the spirit of democracy or the rule of law and I would not place a huge amount of trust in Dave's Homepathic Renegotiation making it into a treaty unamended.