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Paper 2 · 2019 · 30 marks
Evaluate the view that membership of the EU undermined parliamentary sovereignty.
Sovereignty
Mark scheme: agreement
AO1: Agreement EU laws take precedence over UK laws. AO2: The Factortame case showed that EU law takes priority over UK law in certain areas as was shown in the case of the dispute over fishing rights. AO3: We can therefore conclude that the superiority of EU law over UK law means that the sovereignty of parliament was undermined. AO1: In some areas of EU decision-making, member countries do not have a veto. AO2: Qualified majority voting (QMV) is used in several areas of EU policy making, such as employment and the environment, under which no individual country has a veto. AO3: We can conclude that the absence of a veto in these areas shows that EU membership undermined parliamentary sovereignty. AO1: All EU members have to accept the conditions of the single market. AO2: Member states have to enable the free movement of goods, capital, services and labour. The issue of free movement featured prominently in the 2016 referendum campaign. AO3: We can therefore conclude that as member states have to abide by these conditions, this undermined parliamentary sovereignty. AO1: The UK parliament has to abide by decisions of the European Court of Justice (ECJ). AO2: The European Court of Justice has jurisdiction over member states which must abide by decisions of the court. AO3: We can conclude from this infringement on the UK’s power that EU membership undermined the sovereignty of parliament. 2019 Q2a Evaluate the view that membership of the EU undermined parliamentary sovereignty.
Mark scheme: disagreement
AO1: The UK can withdraw from the EU. AO2: Parliament retains the right to withdraw from the EU, by a simple Act of Parliament, as shown following the successful leave campaign. AO3: From this we can conclude that parliamentary sovereignty has not been undermined by EU membership. AO1: EU member states have retained sovereignty in all important areas. AO2: The UK has retained the right of veto in important areas of policy, which are not subject to QMV. AO3: We can therefore conclude that EU membership did not undermine parliamentary sovereignty as the UK retained these veto powers. AO1: Sovereignty has been ‘pooled’ rather than undermined. AO2: The pooling of sovereignty within the EU gives the UK parliament influence on EU wide decisions which in turn have much more force on the world stage than they would have otherwise. AO3: We can conclude that the pooling of sovereignty shows that EU membership did not undermined parliamentary sovereignty. AO1: The UK obtained ‘opt outs’ and vetos AO2: The UK retained ‘opt outs’ from e.g. the joining the Euro and from the Schengen area. AO3: We can therefore conclude from these ‘opt outs’ that parliamentary sovereignty was not undermined by EU membership.
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