Explain the importance and significance on law making of - UKs membership to EC - Legislation - Secondary Legislation - Case Law

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Explain the importance and significance on law making of:

UKs membership to EC

Legislation

Secondary Legislation

Case Law

When the UK joined the EC in 1973, passing the European Communities Act 1972 it was there forward to incorporate the EC law into UK law.

Firstly the EC founding treaty the treaty of Rome 1957 enshrined the four freedoms of people, goods, service and capital, which set out the aims of the EC and which formed the substance of European Law along with further amending treaties.

Section 2 (4) of ECA 1972

 Provides that English Law should be interpreted and have effect subject to the principle that EU law is supreme;

Therefore, Law making powers had shifted from national parliament to the European community institutions whose legislation from took precedence.  This subsequently put a different perspective on the UK's supremacy and as a result it has had a profound effect of citizens in the UK and in particular, on the rights of employees, especially female workers, For example

R v secretary of state for employment ex parte equal opportunities commission (1994),

The Employment Protection (consolidation) Act 1978

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Was incompatible with European Law on

Equal treatment for male and female employees.

The Act gave fewer rights to part-time workers than full-time workers.  

As most part-time workers were female, this was held to discriminate on the basis of sex.

UK government was forced to change the law, and greatly improve rights of part-time workers.

Legislation became the product of three European institutions:

The commission,

The council of ministers and the

Parliament.  

By the means of different legislative procedures established by the Single European Act and the Maastricht treaty, all of ...

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