A Bill to provide that Community treaties, Community instruments and Community obligations shall only be binding in legal proceedings in the United Kingdom insofar as they do not conflict with a subsequent, expressly inconsitent enactment of the Parliament of the United Kingdom
This Bill seeks to modify the current constitutional position where EU law takes precedence over UK law. This is an obligation acknowledged by the European Court of Justice in many rulings since the 1960s and enforced in the UK via the European Communities Act 1972.Key areas:It aims to ensure that when Parliament adopts a law which it knows conflicts with its obligations under the European Communities Act and which contains wording to that effect (‘this enactment shall take effect notwithstanding the provisions’ of the European Communities Act), then that law should override the Act’s obligations because it is Parliament’s express intention that it should do so. It seeks to restore the traditional doctrine of implied repeal, an application of parliamentary sovereignty which has been modified by ‘constitutional’ laws such as the European Communities Act 1972 and the Human Rights Act 1998, in the manner suggested by a ruling of Lord Denning in the case of Macarthy's Ltd v Smith in 1979.
House of Commons
Sir Christopher ChopeConservative
30 October 2008
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This bill would change how EU rules apply in the UK. It would let Parliament override EU obligations by passing later UK laws that expressly say they take precedence, effectively reviving the idea that Parliament can repeal or override earlier laws. In short, it aims to restore parliamentary sovereignty over EU law in the UK.
The bill is currently at the Second Reading in the House of Commons. It originated in the Commons and has not yet progressed to the Lords; the sponsor is Sir Christopher Chope.
Generated 21 February 2026
10 Dec 2007
No recorded votes for this bill yet.
