Skip to content. | Skip to navigation

Personal tools
Sections
You are here: Home Breaking news Court challenge seeks British referendum on EU treaty

Court challenge seeks British referendum on EU treaty

09 June 2008, 17:13 CET
— filed under: ,

(LONDON) - A wealthy British businessman launched a High Court challenge Monday on the government's refusal to hold a referendum on the European Union's key Lisbon reform treaty.

Days ahead of a crunch referendum in Ireland, Stuart Wheeler, 73, who made his fortune in spread-betting, said he believes the government has reneged on a promise to hold a vote on the treaty.

"The government promised a referendum and should keep its promise," Wheeler's lawyer Rabinder Singh told the court.

Former prime minister Tony Blair promised a referendum on the Constitutional Treaty -- which was then torpedoed by "no" votes in French and Dutch referendums in 2005.

That promise resulted in "legitimate expectation that a referendum would be held in respect of that treaty -- and by implication any treaty containing substantially similar terms, whatever its name," said Singh.

He said the evidence showed that the Lisbon Treaty and the Constitutional Treaty were all but the same, except in name.

Lawyer Jonathan Sumption, representing the prime minister's office, said that if the court accepted Singh's argument, judges would end up confronted with challenges on pledges "to reduce the burden of taxation, improve educational standards, half class sizes, double the size of the navy or whatever you would like".

Ministers were accountable before parliament and at general elections, Sumption said.

The "most extraordinary constitutional consequences" would arise if ministers became accountable for commitments in the courts, he added, describing Wheeler's case as "a direct challenge to the authority of parliamentary process".

The legal challenge in Britain comes as voters in Ireland prepare to have their say Thursday, the only country among the 27-member EU to hold a referendum on the treaty.

EU leaders are crossing their fingers, after a poll last Friday suggested that the "no" campaign could win in Ireland, threatening to plunge the bloc into new disarray three years after the French and Dutch referendums.

Text and Picture Copyright 2008 AFP. All other Copyright 2008 EUbusiness Ltd. All rights reserved. This material is intended solely for personal use. Any other reproduction, publication or redistribution of this material without the written agreement of the copyright owner is strictly forbidden and any breach of copyright will be considered actionable.




Document Actions
Newsletters

EUbusiness Week 476
With 41.7m Europeans now using social networking sites, the 1995 Data Protection Directive is in urgent need of a rewrite.

The week's EU diary
This week Euro-MPs in plenary vote on the EU-US interim agreement on transfer of banking data in the interests of fighting terrorism; and on whether to approve or reject the Commission team as a whole. The European Council meets to discuss economic strategy, climate change and Haiti.

Week Ahead

Past newsletters
Search EU texts
Caselex Law

Caselex Law

Caselex is the premium information service for European case law

Free trial for EUbusiness readers
PARTNERS
Partnership
Publish your organisation's press releases, events, job vacancies, product information etc to EUbusiness.com's worldwide audience.
Membership
Partners