European Charter of Local Self-Government (Incorporation) (Scotland) Bill

The European Charter of Local Self-Government (Incorporation) (Scotland) Bill is a proposed bill of the Scottish Parliament, which is designed to incorporate the European Charter of Local Self-Government into Scots law.

Long titleAn Act of the Scottish Parliament to incorporate in Scots law the European Charter of Local Self-Government, and for connected purposes.
Introduced byAndy Wightman MSP
Territorial extent Scotland
Dates
Royal assent2 May 2023
Status: Not passed

History

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James Mitchell, chair in Public Policy at the University of Edinburgh, wrote for an LSE blog, recommending incorporating the Charter into Scots law.[1]

Andy Wightman introduced the bill to safeguard certain rights of local government.[2]

In 2020, the Law Society of Scotland released a document describing their concerns with the bill.[3]

Reference to the Supreme Court

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The UK government referred the bill to the Supreme Court.[4][5] The Supreme Court upheld the challenge to the bill.[6]

Aftermath of Supreme Court judgement

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The Scottish Government has promised to introduce a version of the bill which would address the issues raised in the Supreme Court judgement but this has not happened yet.[7]

References

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  1. ^ Mitchell, James (2021-04-07). "Scotland needs to think once again about strengthening its institutions". LSE British Politics and Policy Blog. London School of Economics. Archived from the original on 2021-04-07. Retrieved 2024-10-01.
  2. ^ Wightman, Andy (2020-12-11). "Andy Wightman: Devastating centralisation of power gives Scotland one choice". The National. Newsquest Media Group Ltd. Archived from the original on 2021-01-26. Retrieved 2024-10-01.
  3. ^ "European Charter of Local Self-Government (Incorporation) (Scotland) Bill" (PDF). 2020. Archived (PDF) from the original on 2024-10-01. Retrieved 2024-10-01.
  4. ^ Sim, Philip (2021-06-28). "Supreme Court considers UK challenge to two Holyrood bills". BBC News. British Broadcasting Corporation. Archived from the original on 2023-05-08. Retrieved 2024-10-01.
  5. ^ Campbell, Glenn (2021-04-12). "Holyrood bills to be challenged by UK government". BBC News. British Broadcasting Corporation. Archived from the original on 2023-05-17. Retrieved 2024-10-01.
  6. ^ "Supreme Court upholds challenge to two Holyrood bills". BBC News. British Broadcasting Corporation. 2021-10-06. Archived from the original on 2023-05-17. Retrieved 2024-10-01.
  7. ^ "Humza Yousaf has 14 Bills planned in first Programme for Government". Basildon, Canvey, Southend Echo. Newsquest Media Group Ltd. 2023-09-05. Archived from the original on 2023-09-10. Retrieved 2024-10-01.
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