Bernard Jenkin MP cited by the BBC today:
“Tory backbencher Bernard Jenkin suggested Parliament could pass a law introducing a cap on EU migration by the end of the year and the issue would then be a political rather than a legal one”.
Full report at http://www.bbc.com/news/uk-politics-29684585
Does this sound familiar? It does to the hundreds of British lecturers suffering illegal discrimination in Italian Universities.
Thirty years in court, 6 judgments of the ECJ – and still no remedy.
The Commission cannot or will not solve this problem.
Disliking the ECJ judgments – Italy passed the so-called Gelmini law (Article 26 of law 240, 30 December 2010) … which re-interprets judgments of the ECJ and extinguishes legal cases before domestic courts. Unheard of in post-war Europe.
Rather than tackle Italy, a founder member of the EU, bounces the problem by back to the Italian authorities.
Europe Minister David Lidington has consistently condemned Italy’s behavior in this case as “illegal and immoral”.
If Italy can pass laws to undo the Treaty and indeed judgments the ECJ itself … why wouldn’t Britain do the same … pass laws and kick the legal questions into the long grass for 30 years?
See expert opinions on Gelmini law, below – which I cited in the European Parliament, on 25 November 2013:
… Peter Ferguson Q.C. “An astonishing statutory provision. If other Member States follow Italy’s example, the European project and more importantly, the rule of law are endangered”
Professor Brad K Blitz “ …in conflict with Article 6 of the European Convention on Human Rights … undermines the primacy of EU law”.
Professor Noreen Burrows OBE “…has the potential to undermine the authority of the European Court of Justice by appearing to allow Member States to reinterpret the decisions of the Court to suit their purpose of perpetuating discrimination.