Re: Meanwhile in France, Frexit Gathers Pace
Originally Posted by
Cinderella
->
EU is undemocratic, a referendum for all menbers states would make it clear once and for all that people are fed up with it.
Says someone from a country without a written constitution!
All EU members as well as the EU itself are based on rules in a systematic hierarchical legislation, with the national written constitution (for each EU member) and the EU treaties (at the EU level) as the supreme law, and every subordinate piece of legislation aligned with the supreme law.
The legislation also contains the rules for changing the legislation at each level. For example, changing the supreme law (national constitution and EU treaties) requires special procedures, special majorities etc.
In the UK the current government/parliament (where there is even no proper separation of powers between the government and the parliament!) can change anything they like on a whim, and they are not breaking any law.
I think there is a general lack of understanding in the UK about how the EU legislation works. For people of the EU members, it is quite easy - the EU works very similar to our national systems with a proper written constitution.
The UK government/parliament can indeed 'fudge' as they please. But in the EU, any 'fudging' can only be done within what is possible within the legal rules. The EU side simply cannot change the rules just like that, even if we wanted to. And any legislation, agreements etc. which break the existing EU law is annulled by the ECJ (whose function is similar to a national constitutional court).
*