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2. Sovereignty and law

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  • UK was sovereign throughout its EU membership
    • majority of UK law determined by UK – not by EU
    • UK had a strong influence in the EU
    • shaped and supported the majority of EU law
      • UK came before CJEU less often than most member states
  • EU influence is important but limited
    • minority of policy areas (or ‘competences’) determined exclusively at EU level
    • each member state has right of veto over major decisions
    • Lisbon Treaty better enables national parliaments to express views on draft EU legislation
  • EU recognises it has issues to address and has a reform agenda
  • In 2014, a UK government review identified areas for EU to improve, such as
    • democratic accountability and application of subsidiarity
  • Cameron renegotiation in 2015 gained a major win: ’UK excluded from closer political union’

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