LETTER: Only one way to avoid the ECJ

These are immediate issues, but there is another longer-term aspect that is not being discussed that being the effect of the social direction of the EU.

At present, the EU parliament exercises the legislative powers of the EU - they make the EU laws. Bearing in mind the political make-up of the UK - which is probably one of the more right of spectrum countries politically in the EU - it should be noted that the EU Commission Majority is made up of the Christian-Democratic European People’s Party (centre-right for Europe, but centre at best compared to the UK), the Progressive Alliance of Socialists and Democrats (left of centre) and the Alliance of Liberals and Democrats for Europe Group (equivalent to our Lib-Dems).

The mix of the European Parliament is effectively more left-of-centre than the UK political spectrum. Moreover, with the EU Parliament decided by proportional representation, it is likely to remain that way.

This means that we will continue to see policies promulgated out of the EU that will lead to more work-place regulations and control; the very same regulations that UK businesses complain about as the burdens of regulations.

The 1978 case of Dafrenne v Sabena - an ECJ decision - espoused the idea that since the treaties were looking for ever closer union and that the EU was also looking to promote a social structure as well as an economic structure to the Union, a social aim of EU legislation must trump an economic aim if they were in conflict.

Now Dafrenns has brought some good - mainly in the rights of women in the workplace - but any hope that David Cameron has of avoiding the “Ever Closer Union” is ignorant of the implications and effect of Dafrenne. The effect of the EU promulgated laws on the social fabric of the UK must be, over time, to pull the UK to a more left of centre and more regulated society like the continent, and Dafrenne will help to force that shift.

The only way to avoid Dafrenne is to avoid the European Court of Justice being the court of last resort for the UK. The only way to avoid the ECJ is to vote leave.

Nick Lowson

Elgar Way, Horsham

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