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 inconsistent 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 areasThe Bill 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 soIt 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
25 June 2009
May contain errors — check source documents for definitive information.
Plain English summary: The Bill would change how EU law binds UK law by letting later UK laws override EU obligations if the UK law explicitly says so. It also aims to revive the old idea that Parliament can repeal its own statutes by passing later laws, even where EU rules would otherwise take priority. In short, it seeks to restore parliamentary sovereignty over European law in the UK's legal system.
Introduced in 2009, the Bill is currently at the 2nd reading in the House of Commons. It originated in the Commons and is sponsored by Sir Christopher Chope.
Generated 21 February 2026
26 Jan 2009
The Bill was dropped by its sponsor and will make no further progress this Session.
No recorded votes for this bill yet.
