Wednesday, June 15, 2016

The ECJ gets one right ...

As the Spectator reported here, the British government has won a case in the European Court of Justice which would undoubtedly have been presented as a disaster for the position of Britain as an independent nation while we stay in the EU had we lost it. The Spectator headline was

‘Remain’ dodges a hammer blow from the European Court of Justice

The European Commission had tried to claim that the UK Government was wrong to check whether those getting child benefits were allowed to live in the country before paying out. Thankfully, the ECJ ruled that it was legal to hold back money for unemployed EU migrants who were not allowed to be here.

I can certainly see that if the decision had gone the other way "Leave" would have had a field day, and probably rightly so.

But is it really sensible when the European Court of Justice makes the right decision to use the fact that the case was held at all as evidence that we are sliding into dictatorship? Britain has independent courts too. It's a far better way to rule on lawfulness of decisions than to let the Commission or the government do it.

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