6.4 Summaries of European influences on law making in Scotland

Figure 28 provides overview of the ECHR and EU on law making in Scotland. Both have relevance through Treaties. The figure has a number of circles and arrows. These represent the ECHR and EU. From the ECHR are arrows to boxes with the following information: Courts and tribunals must take account of ECHR rights; Legislation should comply with ECHR rights. If it does not then legislation of the Scottish Parliament is void. Legislation of the UK Parliament is subject to a declaration of incompatibility. The link to the legislative competence of the Scottish Parliament From the EU are arrows to boxes with the following information; creates laws which may be directly applicable or laws to be adopted into law by the Scottish or UK Parliament; the link to the legislative competence of the Scottish Parliament.