Skip to content The Open University
  1. Platform
  2. The Government heading for EU showdown!

The Government heading for EU showdown!

No replies
- Thu, 21/02/2013 - 11:19

David Cameron's latest stance on our ongoing EU membership and funding appears capable of being compounded by the controversial  "reduction of state benefits/ letting of spare bedrooms" issue. The appropriate vehicle for this issue is obviously Article 8 of the European Convention on Human Rights    (   Right to private and family life.. the home... and correspondence")

 

Clearly the government will attempt to rely on non -compliance with Article 8 on (i.e) margin of appreciation or social necessity, but the point remains that a major pillar of the EU is in danger of "rocking". It seems likely that our continuing membership of the EU is by no means a certainty ( particularly under the present regime) and that a basic fundamental ECHR  issue such as the "spare bedroom" issue may be all that is required to light the touch paper of our EU departure and exit with a bang!  The UK has fell foul of ECHR and EU rulings in the past  ( Factortame) for example so nothing is certain about the ECHR's backing of the UK stance.

 

Gerry Whitwham   LL.B. (Hons)