The Prime Minister promised ahead of the election that he was going to secure ‘full on treaty change’ in his EU renegotiation. After the election he has since admitted the Treaties won’t change until after our referendum. This has led to Downing Street briefing that they will seek to register the EU renegotiation package with the UN in order to give it legal force.
New research by the Vote Leave campaign reveals that this is no more than a ploy:
- The Oxford Guide to Treaties makes clear: ‘The act of registration does not change the status or conditions of a treaty and in that sense parties can expect no additional benefits from registration’.
- The Danish government did the same thing in 1992 after the Danish people voted down the Maastricht Treaty but key parts of their reform package were later dropped or ignored.
- Danish demands that EU citizenship did ‘not in any way take the place of national citizenship’ were overruled later by the European Court of Justice which said that ‘Union citizenship is destined to be the fundamental status of nationals of the Member States’.
- The ECJ has ruled that EU law supersedes agreements made at the UN and that it can ignore them.
This is nothing more than a cynical PR ploy by the Prime Minister. Registering any reform deal with the UN sounds superficially impressive but it does not give it any legal force. The Danish government tried this twenty years ago and it failed because unelected EU judges decided to ignore key parts of the package.
The only way to take back control is to Vote Leave and end the supremacy of EU law in the UK.