Long post warning -I have been doing some googling relating to last night's posts about the ECJ.
TM is the Queen of control.
I am the Queen of google.
Perspective and control
I lost track on the thread, in catching up I saw some posts yesterday about the evils of the ECJ.
This triggered the white rage in me. I get this each time TM talks about taking back control of our laws. She is not alone. Boris, Farage, vile fictional press have perpetuated this myth for years too. As a nation we have to stop these myths. Hyperbole like taking back control and “no deal is better than a bad deal” is dangerous and destructive.
Lets take the ECJ's 'control'. Brexiteers use this to justify the self-destruction we are embarking upon. It is false. Instead of working this morning, I did some research.
Both the EU and the ECJ have a very, very limited remit compared to our own. The areas which have been delegated by agreement by us, Germany, France etc are minor regulations which mostly relate to trade. The very limited spheres of influence are mainly environment, agriculture and employment with some other aspects like consumer or competition law. (Also, we agree with 95% of the regulations anyway!)
Using generic meaningless sentences like ‘taking back control from the ECJ’ must stop. Politicians know they are not saying the truth about this; many members of the public clearly don’t understand this.
To put things about the ECJ in perspective, today I spent an hour researching the balance between our courts & tribunal system and the ECJ. I was amazed at what I found. The below are stats from 2017 to 2018. If last years stats were not on line, I used annual figures from 2016 or earlier instead.
This is a broad summary of what our British judges have complete control over (in any one year). I have included Scotland and NI as we are looking at the courts’ control in the UK.
UK courts
Civil courts annual
• County
• First quarter 508,699
• Second quarter 565,233
• Third quarter 560,121
• Fourth quarter 414,129
High Court, Court of Appeal, Privy Council , Supreme Court annual 17,026
Tribunals and Appeals mostly employment, mental health, agriculture, consumer, environment, immigration, asylum, charity law, care law etc. 739,600
Family and public * 255,330
Scotland civil total 73,640
N.Ireland
County 24,624
High 14,208
Sub-total 3,172,610
The above covering civil matters administrative law, banking and finance, commercial law, constitutional law ,Construction law, Contract law ,Corporation law ,Some Employment law ,Energy and resources law ,Some Family law including marriage, divorce, adoption, finances,Film and entertainment law , Human rights law, human rights such as war crimes, crimes against humanity ,Insolvency litigation, banking and debt recovery issues ,Intellectual property law patents, trademarks and copyright for intellectual property ,International law
Law of succession, wills and estates, Law of torts , compensation for wrongful acts e.g. negligence, nuisance, defamation, trespass ,personal injury and medical negligence law, workplace health and safety ,Property law, Sports law and Taxation.(*Including including residence, forced marriage, domestic violence guardianship ,emergency protection, care, divorce, pension, property, maintenance, adoption, mental capacity, probate )
Criminal courts annual
Magistrates courts -296,800
Crown court -117,000 approx
Scotland 190,000
Northern Ireland 46,126
Subtotal 649,926
( Covering drug crimes, public nuisance , conspiracy traffic and driving offences, theft, misconduct in public office, perjury, abuse of authority, subpoena, jury notice, misappropriation of funds, Acceptance of a bribe, Dereliction of duty, perverting the course of justice, false imprisonment, fraud, murder, manslaughter, common assault, battery, robbery, rape, kidnapping / abduction, arson, burglary, trespass, forgery, certain libel, espionage
contempt of court escape from lawful custody, breach of prison, rescuing a prisoner in custody, riot, piracy
unlawful assembly, breach of the peace, public decency, running a disorderly house, housebreaking,
Theft, threats with intent to extort money or property, arson.)
TOTAL 3,822,536 UK cases controlled by UK courts every year
ECJ
In the 13 years 2003–2016 there were only 63 judgments handed down by the ECJ on UK infringements. This is 4.9 UK cases per year. Just under half 29 of those related to the environment.
The remit of the ECJ and the EU was always very limited to certain topic areas. The areas that crop up are mostly on the internal market, consumers rights, environment, transport customs /taxation, employment, energy and health and food safety. They are handful of cases and are normally a quirky little case that falls between the cracks.
So on average the ECJ had delegated agreed ‘control’ over the UK in 63 cases over a 13 year period. Compared to our own courts having control over 3,822,536 cases per year. That is 0.0000012 % of our cases. Why did the press bang on about the ECJ for years, and why do we not have a better perspective on this? It’s weird.
I doubt TM or her advisers read MN. But if you are lurking love- please, please, please stop banging on about control of our money (0.7% of GDP) and our laws. It isn’t true.
www.gov.uk/government/organisations/ministry-of-justice/about/statistics#latest-statistics
www.morton-fraser.com/knowledge-hub/employment-tribunal-awards-statisticsawards-down-despite-surge-claims
www.supremecourt.uk/docs/annual-report-2017-18.pdf
www.instituteforgovernment.org.uk/news/latest/new-analysis-shows-uk-rarely-taken-european-court
www.instituteforgovernment.org.uk/sites/default/files/publications/IfG_Brexit_ECJ_v10FINAL%20web.pdf
curia.europa.eu/jcms/upload/docs/application/pdf/2018-04/_ra_2017_en.pdf
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/163467/tribs-annual-tables-2011-12.xls.xls
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/643446/rcj-tables-2016.xlsx
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/695363/family-court-stats-oct-dec-2017.pdf
www.scotcourts.gov.uk/docs/default-source/aboutscs/reports-and-data/publications/scts-annual-report-accounts-2017-18---final.pdf?sfvrsn=2