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Daniel Hannan

Daniel Hannan is a writer and journalist, and has been Conservative MEP for South East England since 1999. He speaks French and Spanish and loves Europe, but believes that the European Union is making its constituent nations poorer, less democratic and less free.

The EU is no longer even pretending to be acting within the law

By Daniel Hannan Politics Last updated: July 22nd, 2011

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In return for agreeing to a treaty change, Britain should repatriate powers

Just a reminder of what Article 125 of the European Treaty says:

The Union shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of any Member State. A Member State shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of another Member State.

EU leaders are no longer even pretending to be acting within the law. Under most norms of international relations, the treaty would now be considered void. Britain could reasonably argue that, since no one else is bothering with the rules, it is unilaterally opting out of measures of which it disapproves: the common regulations on financial services, the 48 hour week, the Common Fisheries Policy, the metrication directives, the CAP.

I mention this just in case ministers or UKREP officials are looking for arguments to take to the negotiating table when the EU seeks to amend the treaties so as retrospectively to authorise the bailouts. We hold a stronger hand than is generally supposed.