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Talk:Praemunire

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Latest comment: 14 years ago by Hinschelwood in topic Untitled

European Communities Act

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This suggests that the ECA1972 established what would be a Praemunire. This is not the case. The court interprets the ECA. If the ECJ said something inconsistent with the ECA, then the court would ignore it.

Untitled

[edit]

I am summarising various references in the file: and there is, inter alia a response from a 'senior law officer' of the government 'I thought there was a law against establishing relations with the Papacy. However, I could not find it.' Jackiespeel (talk) 23:03, 14 January 2010 (UTC)Reply

I removed the following paragraph, which is unsourced, seemingly wholly inaccurate (I have consulted the debates in Hansard on the Criminal Law Act 1967 and can find no discussion of European integration with respect to praemunire), and borders on conspiracy theory ("growing influence of the Roman Curia in the affairs of the Kingdom"):

"Whilst the back-room negotiations over the entrance of the United Kingdom into the European Economic Community was ongoing during the 1960s, and the growing influence of the Roman Curia in the affairs of the Kingdom continued to grow, it became clear that the Statute of Praemunier was a primary stumbling block[citation needed] to submitting the sovereignty of the United Kingdom to the emerging European Union and any new relationship with the Papacy[citation needed]. Consequently, the Statute of Praemunire was repealed by Criminal Law Act 1967 (section 13 and Schedule 4, Part 1), thereby opening up for appeals from the British subject to courts of authority in the European Union and the Roman Curia. Today, all appeals to the European Union ranging from human rights to regulatory actions would not have been possible without the repeal of the Statute."

A e blaine cavanaugh (talk) 23:33, 2 July 2011 (UTC)Reply

I put fact tags at several points around those sections. This was because the sections were inconsistent with other sections in the article and with the flow of history in general. I am glad that someone has looked into this and - if not found positive confirmation - has at least found a lack of any confirming evidence.Hinschelwood (talk) 22:59, 3 September 2011 (UTC)Reply