A letter from Dennis Cooper
Dear Mr Hannan
Many congratulations on your excellent article in the Daily Telegraph today:
“The EU’s four-stage strategy to reduce Britons to servitude”
However with respect I must take issue with this one statement:
“In reality, though, the Treaty of Rome created a new legal order, directly applicable within the jurisdictions of the member nations.”
Some people, and especially the judges at the European Court of Justice, do advance the claim that there is now “a new legal order” which is superior to the national law of the Member States. Indeed, some of our own judges are now teetering on the edge of agreeing with that proposition. I think it was Judge Morgan who referred to something like “a bold new source of law”, but he was later over-ruled by Lord Justice Laws.
And we have Anthony Aust in a letter to the Times today, going even further and claiming that another new legal order - “general international law” - would prevent a duly elected Conservative government carrying out its manifesto commitment to reform our asylum system.
Why should we give aid and comfort to such people, by agreeing with their politically motivated legal theories?
The British people will quietly obey whatever they are told is the law - now you’ve told Telegraph readers what the ECJ would like them to believe, in essence that we have already surrendered our national sovereignty and that EU laws are intrinsically superior to our own laws.
I know that you also said:
“The judge would act in this way, not simply because judges enjoy overturning deportation orders (although they do), but because he would be obliged, under Sections 2 and 3 of the 1972 European Communities Act, to give precedent to EU rules over our own parliamentary statutes. That is why, for example, the Metric Martyrs lost their case. Although a 1985 Act of Parliament explicitly allowed traders to use either metric or imperial units, an EU directive said otherwise, and our appeal court was obliged to give precedence to the latter.”
which “in reality” is an accurate description of the existing legal position. But that will just leave people confused, given your earlier statement.
Surely we should NEVER admit the claim that the Treaty of Rome has already created a new legal order, which would implicitly be superior to our own national law - in fact we should contradict that notion at every opportunity, and emphasise the huge significance of Article I-6 of the proposed EU Constitution:
“The Constitution and law adopted by the institutions of the Union in exercising competences conferred on it shall have primacy over the law of the Member States.”
which, if accepted, could be cited as our explicit recognition of the EU Constitution as the supreme source of legal authority in our country.
Best Regards
Denis Cooper