European
Union (Jersey) Law 1973[1]
A LAW to make new provision for the
implementation of the arrangements for Jersey in connection with the European
Communities
Commencement
[see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Communities” means the
European Atomic Energy Community, the former European Economic Community, the
former European Community and the former European Coal and Steel Community;
“EU” means the European
Union, being the Union established by the Treaty on European Union signed at
Maastricht on 7th February 1992 (as amended by any later Treaty), and
includes, if and in so far as the context permits or requires, the European Atomic
Energy Community;
“EU institution” means any
institution of the EU;
“EU instrument” means any
instrument issued by a EU institution;
“European Court” means the
Court of Justice of the European Union;
“member”, in the
expression “member State”, refers to membership of the EU;
“Treaties” or “EU Treaties”
means, subject to the provisions of paragraph (2) of this Article, the
pre-accession treaties, that is to say, those described in the Schedule to this
Law, taken with –
(a) the treaty relating to
the accession of the United Kingdom to the European Economic Community and to
the European Atomic Energy Community, signed at Brussels on the 22nd
January 1972;
(b) the decision, of the same
date, of the Council of the European Communities relating to the accession of
the United Kingdom to the European Coal and Steel Community;
(c) the treaty relating to
the accession of the Hellenic Republic to the European Economic Community and
to the European Atomic Energy Community, signed at Athens on 28th
May 1979;
(d) the decision, of 24th
May 1979, of the Council relating to the accession of the Hellenic
Republic to the European Coal and Steel Community;
(e) the treaty relating to the accession of the Kingdom of Spain and
the Portuguese Republic to the European Economic Community and to the European
Atomic Energy Community, signed at Madrid and Lisbon on 12th June 1985;
(f) the decision, of 11th June 1985, of the Council relating
to the accession of the Kingdom of Spain and the Portuguese Republic to the
European Coal and Steel Community;
(g) the following provisions
of the Single European Act signed at Luxembourg on 17th
February 1986, namely Title II (amendment of the treaties establishing the
Communities) and, so far as they relate to any of the Communities or any
Community institutions, the preamble and Titles I (common provisions) and IV
(general and final provisions);
(h) Titles II, III and IV of
the Treaty on European Union signed at Maastricht on 7th February 1992,
together with the other provisions of the Treaty so far as they relate to those Titles and the
Protocols adopted at Maastricht on that date and annexed to the Treaty
establishing the European Community with the exception of the Protocol on
Social Policy;
(i) the Agreement on the
European Economic Area signed at Oporto on 2nd May 1992, together with the
Protocol adjusting that Agreement signed at Brussels on 17th
March 1993;
(j) the treaty concerning
the accession of the Kingdom of Norway, the Republic of Austria, the Republic
of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on
24th June 1994;
(k) the following provisions
of the Treaty signed at Amsterdam on 2nd October 1997 amending the Treaty
on European Union, the Treaties establishing the European Communities and
certain related Acts –
(i) Articles 2 to 9,
(ii) Article 12, and
(iii) the other provisions of
the Treaty so far as they relate to these Articles, and the Protocols adopted
on that occasion other than the Protocol on Article J.7 of the Treaty on
European Union;
(ka) the following provisions of the Treaty signed at Nice on
26th February 2001 amending the Treaty on European Union, the
Treaties establishing the European Communities and certain related Acts –
(i) Articles 2 to 10, and
(ii) the other provisions of
the Treaty so far as they relate to those Articles,
and the Protocols
adopted on that occasion;
(l) the treaty signed at
Athens on 16th April 2003 concerning the accession to the European Union of the
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic;
(m) the treaty concerning the
accession of Bulgaria and Romania to the European Union, signed at Luxembourg
on 25th April 2005;
(n) the Treaty of Lisbon
Amending the Treaty on European Union and the Treaty Establishing the European
Community signed at Lisbon on 13th December 2007 (together with its
Annex and protocols), excluding any provision that relates to, or in so far as
it relates to or could be applied in relation to, the Common Foreign and
Security Policy;
(o) the Protocol amending the
Protocol (No 36) on transitional provisions annexed to the Treaty on
European Union, to the Treaty on the Functioning of the European Union and to
the Treaty establishing the European Atomic Energy Community, signed at
Brussels on 23rd June 2010;
(p) the treaty concerning the
accession of the Republic of Croatia to the European Union, signed at Brussels
on 9th December 2011;
(q) the Protocol on the
concerns of the Irish people on the Treaty of Lisbon, adopted at Brussels on
16th May 2012,
and any other treaty entered
into by the EU (except in so far as it relates to, or could be applied in
relation to, the Common Foreign and Security Policy), with or without any of
the member States, or entered into, as a treaty ancillary to any of the
Treaties by the United Kingdom.[2]
(2) Where
Her Majesty by Order in Council made in accordance with the provisions of
section 1(3) of the European Communities Act 1972 of the United Kingdom
declares that a treaty specified in the Order is to be regarded as one of the EU
Treaties as defined in that Act, the Order shall be conclusive that it is to be
regarded as one of the EU Treaties as herein defined; but a Treaty entered into
by the United Kingdom after 22nd January 1972, other than a pre-accession
Treaty to which the United Kingdom accedes on terms settled on or before that
date, shall not be regarded as one of the EU Treaties as herein defined unless
it is so specified.[3]
(3) For
the purposes of paragraphs (1) and (2), the expression “treaty” includes
any international agreement, and any protocol or annex to a treaty or
international agreement.
(4) Where
the meaning of “Treaties” and “EU Treaties” in the corresponding enactment of
the United Kingdom is changed, the States may by Regulations amend the
definition of “Treaties” and “EU Treaties” set out in paragraph (1) of
this Article to the extent necessary to give effect to that change.[4]
(4A) The
Minister may by Order –
(a) amend any enactment
(including this Law) to reflect changes in terminology or numbering arising out
of –
(i) the Treaty of Lisbon, described in sub-paragraph (n)
in the definition “Treaties” in paragraph (1), or
(ii) any other treaty
becoming, at any time after the signing of the Treaty of Lisbon, one of the
Treaties as defined in paragraph (1); and
(b) to make any provision
incidental or consequential on such an amendment.[5]
(5) The
reference in paragraph (2) to section 1(3) of the European
Communities Act 1972 of the United Kingdom shall be construed as a
reference to that section as amended from time to time.[6]
(6) [7]
2 General
implementation of Treaty arrangements
(1) For
the purpose of implementing in Jersey the arrangements for the Channel Islands
set out in the Treaties, all rights, powers, liabilities, obligations and
restrictions from time to time created or arising by or under those arrangements,
and all such remedies and procedures from time to time provided for by or under
those arrangements, as in accordance therewith are without further enactment to
be given legal effect or used in the Channel Islands shall, in Jersey, be
recognized and available in law, and be enforced, allowed and followed
accordingly.
(2) Any
enactment passed or to be passed shall be construed and have effect subject to
the provisions of paragraph (1).
(3) [8]
(4) [9]
3 Decisions
on, and proof of, Treaties and EU instruments etc.[10]
(1) For
the purposes of all legal proceedings any question as to the meaning or effect
of any of the provisions of the Treaties having effect in Jersey by virtue of
the arrangements for the Channel Islands contained therein, or as to the
validity, meaning or effect of any EU instrument having like effect, shall be
treated as a question of law (and, if not referred to the European Court, be
for determination as such in accordance with the principles laid down by, and
any relevant decision of, the European Court).[11]
(2) Judicial
notice shall be taken of the Treaties, of the Official Journal of the EU and of
any decision of, or expression of opinion by, the European Court on any such
question as aforesaid; and the Official Journal shall be admissible as evidence
of any instrument or other act thereby communicated of the EU or of any EU
institution.[12]
(3) Evidence
of any instrument issued by an EU institution, including any judgment or Order
of the European Court, or of any document in the custody of an EU institution,
or any entry in or extract from such a document, may be given in any legal
proceedings by production of a copy certified as a true copy by an official of
that institution; and any document purporting to be such a copy shall be
received in evidence without proof of the official position or handwriting of
the person signing the certificate.[13]
(4) Evidence
of any EU instrument may also be given in any legal proceedings by production
of a copy purporting to be printed by the Queen’s Printer.[14]
4 EU
offences[15]
For the purpose of
implementing in Jersey the arrangements for the Channel Islands set out in the
Treaties, a person who, in sworn evidence before the European Court, makes any
statement which the person knows to be false or does not believe to be true
shall, whether the person is a British subject or not, be guilty of an offence
and may be proceeded against and punished in Jersey as for the offence of
perjury.
5 Citation[16]
This Law may be cited as
the European Union (Jersey) Law 1973.