Immigration rules and deportation: Yes, EU rules do trump Westminster

This judge here: he\’s doing absolutely nothing at all other than applying the law correctly.

The country\’s most senior immigration judge has openly defied the Home Secretary by insisting that Parliament’s attempt to get tough on human rights abuses by foreign criminals is outweighed by the European Court.

This is simply true. EU law outweighs UK law. There is no way around this simple fact.

Dominic Raab, the Tory MP who has campaigned for tougher rules, said: “This chronic judicial legislation has undermined public protection and usurped the democratic will of Parliament.

“We now have around 200 Article Eight cases a year, so it is vital and urgent that Parliament amends the law to mandate deportation and brush aside these spurious challenges to the rule of law.”

Raab is simply being an ignorant fool here. The judge is applying the rule of law. Whether it\’s the ECJ (the EU) or the ECHR (Council of Europe) their judgements over ride statutory English law. And the reason they do is because Parliament has decided, in its wisdom, that they do.

End of.

And if you want to be in the EU then you must be in the Council of Europe and thus subject to the ECHR.

Thus there is only one possible solution if you wish to write immigration law in the manner that May or Raab seem to want. You must leave the EU. There just isn\’t any other way to do it.

My personal opinion is that these 200 Article Eight cases a year are a triviality and not worth the effort. Despite my thinking that we should leave the EU (indeed, that the EU should not exist at all) for any number of other reasons.

but leaving aside such opinions about immigration, deportation and so on. What is it about the fuckwits at Westminster that makes them entirely ignore the basics of this situation? You don\’t have the power to impose such laws because you\’ve already signed away the right to make such laws to the EU and ECHR. That\’s what the fucking treaties mean you morons!

5 comments on “Immigration rules and deportation: Yes, EU rules do trump Westminster

  1. What is to stop a deported criminal or terrorist enjoying his “family life” elsewhere ? Wife etc should follow him where ever he is deported to.

    Alan Douglas

  2. ECHR judgments do not override UK law enacted by Parliament.

    If there’s an inconsistency, the judge must try his (or her) best to interpret the law consistently with the ECHR (HRA 1998, s.3) but if it is not possible, all the judge can do is issue a declaration of incompatibility (s.4). It is then for Parliament to decide what to do.

    EU law is a different matter – ECJ judgments do take precedence over UK parliamentary legislation.

  3. Sorry but no. The European Human Rights Act is one of those French pieces of legislation that looks good but does not actually stop anyone doing anything they might want to do. French Human Rights law typically gives people rights …. unless the State decides otherwise. As does this law:

    Article 8

  4. Comments seem messed up still.

    “My personal opinion is that these 200 Article Eight cases a year are a triviality and not worth the effort. Despite my thinking that we should leave the EU (indeed, that the EU should not exist at all) for any number of other reasons.”

    Eight cases a year is trivial. So are a handful of murders a week. But that is no reason to get rid of the laws on murder. There is a deterrent effect – few of these cases may come to Court but that does not mean thousands of cases that should come to Court don’t because people know they will fail. Turn it around – few cases and so therefore the Minister should be allowed to deport them. Doesn’t bother many people. Does anyone think that we would not be deporting a lot more people if the Courts allowed it?

    “but leaving aside such opinions about immigration, deportation and so on. What is it about the fuckwits at Westminster that makes them entirely ignore the basics of this situation? You don

  5. What really is going on here?

    Are they stupid, ignorant or just plain liars?

    Every day, UK politicians are crying out that “something must be done!”. Yet on all of these matters that they bleat about, they have no competence whatsoever.

    Whether it is immigration, tax residency, food care and control, minimum booze pricing, these are all outside their reach.

    Is anyone that stupid that they can be an MP and not know this?

    But then you think that it is no party’s policy to leave the EU. So they are ranting about something they do not want to change.

    I suppose in a way, the fact that I can’t make up my mind whether they’re stupid or ignorant or liars is the ultimate condemnation of the breed.

Leave a Reply

Name and email are required. Your email address will not be published.

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>