Last week Donald Tusk, President of the European Council, tabled proposals which the government hopes will form the basis of the UK’s renegotiated relationship with the European Union. Politically, the proposals may be just the job: a new commitment to enhance competitiveness, proposals to limit benefits to migrants, recognition that member states’ different aspirations for further integration must be respected, and creation of a ‘red card’ mechanism to block EU legislation. Legally, however, they raise more questions than they answer.
This ought to have been an opportunity to look at the Court of Justice of the European Union, whose reach has extended to a point where the status quo is untenable. Aside from eroding national sovereignty (which it does) the current situation also undermines legal certainty — which, in turn, undermines good governance.