Yesterday, 30th November, the European Parliament in Brussels voted overwhelmingly to pass the "Rome I" Regulation which concerns the law applicable to obligations arising out of contracts. This concerns a very wide variety of relations, including employment and consumer contracts where the rules are designed to reflect the fact that the relationship is often far from an equal one. A careful balance was struck between Council and Parliament, ensuring that consumers were sufficiently protected without complicating matters for businesses looking to trade across borders.
The UK Government however exercised its right of "opt-out" at the beginning of the procedure leading to the adoption of this piece of legislation. Ireland, although enjoying the same right, chose to participate. Despite opting out, and although it has no right to vote, the UK Government influenced and participated in the negotiations, and has now signalled that it considers it can "opt in" to the legislation after it is finally signed off by the institutions.
Speaking ahead of the Parliament's vote, which will mean an agreement with the Council of Ministers on a joint text, Diana Wallis MEP, a Vice President of the European Parliament and the Liberal group Spokesperson on the Legal Affairs Committee, said:
"This "opt-in opt-out" performance makes a mockery of the democratic process with MEPs from other countries questioning why we should debate and vote on legislation the UK Government has potentially refused. It is definitely not the way to make friends and influence people in Europe. At the end of the day, it will be UK citizens and enterprises who loose out when they try to go about their daily lives and work in Europe's internal market."
(SEE WHAT DIANA SAYS ABOUT THIS 'OPT-OUT, OPT-IN' MOCKERY IN THE VIDEO BOX IN THE TOP RIGHT OF THE WEB PAGE)
Notes:
"Rome I" builds on an existing international agreement concluded in Rome in 1980. All Member States are currently parties to this convention.
The UK's "opt-out" in the area of civil justice dates back to the Amsterdam Treaty of 1997 and will be retained should the Lisbon Treaty enter into force.
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