Euro law

[Genghis the Engineer]

An interesting line in a letter I had from the CAA this week, the context is unimportant:-

the EU regulation takes precedence over the ANO

Is this really true? If so, where does it say so?

It's always been my understanding that the UK, as a sovereign state, had to pass through parliament any EU regulation before it becomes legally binding in this country.

Anybody understand this?

G

Genghis the Euro-Sceptic

[Spitoon]

Can't tell you which Convention or whatever it was that the UK signed up to but yes, European Regulations, once they go through the European Parliament and get published, are the law in the UK and take precedence over any national legislation. Note that this is the case foe European Regulations - EU Directives are different. An EU Directive has to be implemented in each member States' legislation.

You say the context is unimportant but I would hazard a guess that it's in relation to the Single European Sky regulations.

[Genghis the Engineer]

You say the context is unimportant but I would hazard a guess that it's in relation to the Single European Sky regulations.

As it happens no, it's Annex II - the rules about what aircraft types are subject to EASA direct regulation versus national control.

G

[answer=42]

Spitoon,
The toughest the EU can get is a Directive. When a Directive is agreed, all countries have to pass their own legislation that meets the Directive's standards. How each country does it is up to them. The idea of 'precedence over national legislation' does not exist in EU law.

My understanding (which could be completely wrong) is that there has been recent general legislation which brings the EASA under the EU - previously it was, as you imply, a separate convention. I reckon this would have taken the form of a Directive. Within this overall framework, you might then get a bunch of Regulations but these are (if I've got it right) of a specific nature - the equivalent of an order by a Secretary of State under UK domestic legislation. So a legally binding specific / technical rule might be changed by a Regulation but not the overall law.

Genghis,
Could it be that the EASA legislation has been read into UK law and states the relative competence of the two regulatory systems. Moreover, you can't be sure that the CAA is explaining the legal situation entirely correctly....

[Blacksheep]

The ANO isn't an Act of Parliament, its an Order in Council - administrative law defining the means of complying with the terms of the Civil Aviation Act; the enabling act ratifying the UK's signature to the Chicago Convention.

As a sovereign state, a EU directive or regulation that required a change to the Civil Aviation Act itself would need to be enacted by an Act of Parliament.

A EU Regulation from the European Parliament - a democratic body to which we elect European Members of Parliament - overrules mere administrative law.