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Old 20th Nov 2007, 16:31
  #19 (permalink)  
BillieBob
 
Join Date: Aug 2002
Location: United Kingdom
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Homeguard, I'm sorry but you are wrong in almost every respect. European law, once processed through the European parliament (not Westminster) is binding on all member states and supersedes UK national law. This was confirmed by the UK courts in the case of the 'metric martyrs'. We are not talking about EU directives here, which are something quite different. Once adopted, the Implementing Rules for Licensing will be legally binding in the UK and there is nothing whatever that the UK parliament can do about it. Those are the unfortunate facts of membership of the EU, as so many other industries have discovered to their cost.

In answer to some of your specific questions and points.
Who in the UK has the authority to write a blank cheque to EASA or the Commision?
The UK parliament, which has done so in a number of treaties and continues to do so, despite the expressed will of the electorate.
Two countries, Holland and France have had a referendom and through that have stated clearly that the EU will not rule them.
No, they rejected the European Constitution, which is now being brought in anyway disguised as a 'Treaty'
What ever EASA finally decides to recommend it will have to be acceptable to ALL states.
Competence in this area has already been ceded to the EU. Member states may comment on the proposed Implementing Rules, just as you and I may, but the final decisions rest with the EU.
I would hope that our representatives at EASA are representing our best interest
Only 4 National Aviation Authorities are represented on the FCL.001 working group that is developing the Implementing Rules - the other representatives are from European representative bodies, each interested only in their own members' interests.
However, the EU Commision has never made law
The EU Commission is the only body that can frame EU law, which is then sent to the EU parliament for rubber-stamping. MEPs are expected to vote on new laws at the rate of dozens per hour and cannot be expected to consider them properly - they simply vote as directed by their parties/groupings. It is very unusual for laws sent to parliament by the EU Commission not to be passed.
....and then onto parliament who will have to, I presume, go to consultation with industry
No, industry gets its chance to comment at the same time as you, I and the National Aviation Authorities. EU law is never set before the UK parliament, that's what the EU parliament is there for.

What a worrying number of people fail to understand is that well in excess of half of the laws of this country are now made by the EU with no input from Westminster and the proportion is increasing inexorably.
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