Vyaj Lovejoy – Barrister 1 MBC, Chambers

 Discuss the relationship between the UK and Europe Today

 What is the EU (European Union)? ◦ European Union ◦ European Convention on Human Rights

 Currently has 28 members that have delegated some of their sovereignty so that decisions on specific matters of joint interest can be made democratically at European level.  The four freedoms: ◦ Free Movement of Goods ◦ Free Movement for Workers ◦ Right of Establishment and Freedom to Provide Services ◦ Free Movement of Capital  Purpose?

 Free Movement of Goods ◦ Single market ◦ Abolition of customs tariffs  Free Movement for Workers ◦ Right to stay and work in another Member State ◦ Certain rights extended to family members  Right of Establishment and Freedom to Provide Services ◦ To achieve a genuine internal market in services ◦ Remove barriers to development of services activities between Member States  Free Movement of Capital ◦ Transferring money

 The Citizens Rights Directive or Free Movement Directive

Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their families to move and reside freely within the territory of the Member States ◦ Right of residence for up to 3 months (Art.6) ◦ Restricted right of residence for more than 3 months (Art.7) for:  Workers/self-employed; or  Have sufficient resources not to become a burden on the social assistance scheme of the host Member State and have comprehensive sickness insurance;  Enrolled on a programme of education and have comprehensive sickness insurance; or  Are family members of the Union citizen (spouse, partner, children, dependent parents etc)

Restrictions on the right to freedom of movement: ◦ Must be on the grounds of public policy, public security or public health (Art.27(1)) ◦ Cannot be invoked to serve economic ends ◦ Measures taken to expel must:  comply with the principle of proportionality;  be based exclusively on the personal conduct of the individual concerned (representing a genuine, present and sufficiently serious threat affecting on of the fundamental interests of society – previous criminal convictions on their own are not enough);  take into account personal circumstances ◦ Host Member States are able to request information about the person from other Member States (art. 27(3))

 Transposes the Directive into UK law  Regulation 6 ◦ “Qualified Person” a.Jobseeker; b.Worker c.Self-employed person d.Self sufficient person e.Student ◦ Jobseeker  Entered the UK looking for work (or is looking for work after having been one of (b) to (e) above); and  Can provide evidence that he is seeking employment and has a genuine prospect of being engaged.

 Drafted by the nations of the Council of Europe (including the UK) in the aftermath of World War II. ◦ Council of Europe is different to the European Union it is an international organisation in Strasbourg which comprises 47 countries of Europe, set up to promote democracy and protect human rights and the rule of law in Europe.  Human Rights Act 1998 meant people in the UK could take cases about their human rights within the Convention in UK courts.  Previously complaints had to be taken to the European Court of Human Rights in Strasbourg, France.

 16 rights in the Human Rights Act all from the European Convention on Human Rights 2/schedule/1 2/schedule/1  What rights?

 16 rights in the Human Rights Act all from the European Convention on Human Rights 2/schedule/1: 2/schedule/1 ◦ Right to life (article 2); freedom from torture (article 3) ◦ Right to a fair trial (article 6) ◦ Right to family and private life (article 8) ◦ Freedom of religion (article 9) and freedom of expression (article10) ◦ Prohibition of discrimination (article 14)

 Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.  A Member State which decides to withdraw shall notify the European Council of its intention. [T]he Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union...It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament  The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period…

 Split into groups and make presentations  Debate  Vote

 Some key arguments: Rf.97 Rf.97 ◦ Over 3 million UK jobs are linked to our trade with the EU: one in every ten jobs in this country; ◦ Being in the EU means cheaper prices on food and fuel – savings of £350 a year; ◦ Being in Europe boosts our economy; ◦ Leaving could send us back into a recession; ◦ EU law protects workers rights; ◦ Being in Europe makes our economy stronger, meaning more money for public services including the NHS

 Some key arguments ◦ Technological and economic forces are changing the world fast. EU institutions cannot cope. ◦ We have lost control of vital policies. This is damaging. We need a new relationship. ◦ We should negotiate a new UK-EU deal based on free trade and friendly cooperation. ◦ We end the supremacy of EU law. We regain control. ◦ We stop sending £350 million every week to Brussels and instead spend it on our priorities, like the NHS and science research. ◦ We regain our seats on international institutions like the World Trade Organisation so we are a more influential force for free trade and international cooperation.

 48.1% Remain and 51.9% Leave  Could the campaigns have used better arguments?