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Thread: O/T F.A.O Kerr

  1. #1
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    O/T F.A.O Kerr

    Kerr, we have seen Gina Millers successful court cases against the UK Government during Brexit, we now have the Karlsruhe judgement against the EU and they are spitting feathers.

    How do you think this will play out? national and supranational courts under EU law which will take precedent over he other?

    In your opinion wil the EU have to change treaties to avoid such issues in future?
    Last edited by gm_gm; 11-05-2020 at 10:30 AM.

  2. #2
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    European Law isn't really my bag, but it seems to me that what is happening here is probably as much political as it is legal.

    The EU has gone from being a trade organisation to a body that has started to have the hallmarks of a federal state. With that being the case, it is inevitable that individual states will have disputes with the 'federal' government and, in this case, it's judicial arm. The relationship between states and the 'federal' government is going to have to be clarified or this will be the first stand-off of many.

    Either individual states or the EU is going to have to back down, with one clearly becoming subservient to the other via treaty changes. I’m not sure how the peoples of some European countries will feel about their countries being further subsumed into the European 'project’.

    You should probabaly ask Mikey though.

  3. #3
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    Quote Originally Posted by KerrAvon View Post
    European Law isn't really my bag, but it seems to me that what is happening here is probably as much political as it is legal.

    The EU has gone from being a trade organisation to a body that has started to have the hallmarks of a federal state. With that being the case, it is inevitable that individual states will have disputes with the 'federal' government and, in this case, it's judicial arm. The relationship between states and the 'federal' government is going to have to be clarified or this will be the first stand-off of many.

    Either individual states or the EU is going to have to back down, with one clearly becoming subservient to the other via treaty changes. I’m not sure how the peoples of some European countries will feel about their countries being further subsumed into the European 'project’.

    You should probabaly ask Mikey though.
    I think everyones confused, I though the ECJ had primacy over nationals, if this isnt solved much needed lending may be halted to Italy, Greece, Portugal and Spain.

    Mike...whats your thoughts?

  4. #4
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    The fact that EU law is supreme over British law but German law is supreme over EU law says it all, Nicholas Ridley was right, the EU was just a smarter, bloodless way for Germany to take over Europe.

  5. #5
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    Quote Originally Posted by great_fire View Post
    The fact that EU law is supreme over British law but German law is supreme over EU law says it all, Nicholas Ridley was right, the EU was just a smarter, bloodless way for Germany to take over Europe.
    Have a read of what you've typed there.

    Do you honestly believe that "EU law is supreme over British law but German law is supreme over EU law"?

    Think about it a bit more, and then let us know.

  6. #6
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    Quote Originally Posted by John2 View Post
    Have a read of what you've typed there.

    Do you honestly believe that "EU law is supreme over British law but German law is supreme over EU law"?

    Think about it a bit more, and then let us know.
    That is the case, EU law has primacy in the UK but not in Germany, and still has until at least December.

  7. #7
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    Quote Originally Posted by great_fire View Post
    That is the case, EU law has primacy in the UK but not in Germany, and still has until at least December.
    You're right, except about the bit about Germany which is wrong.

    https://www.reuters.com/article/ecb-...-idUSL8N2CN4HA

    Germany might tussle with the EU, but they have no more special powers or arrangements to do so than we do.

  8. #8
    My God, how naive is that?

    Tussle lol

  9. #9
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    Can you point to a single piece of legislation that grants more rights to Germany than any other nation?

    I'll not hold my breath.

  10. #10
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    Quote Originally Posted by John2 View Post
    You're right, except about the bit about Germany which is wrong.

    https://www.reuters.com/article/ecb-...-idUSL8N2CN4HA

    Germany might tussle with the EU, but they have no more special powers or arrangements to do so than we do.
    That's not what the German constitutional court has just said but we'll have to see.

    They say their constitution gives Germany primacy.

    Out constitution, mainly due to it being unwritten, does not.
    Last edited by great_fire; 12-05-2020 at 01:13 PM.

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