Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4

The relevance of Europe to English Law.

Extracts from this essay...

Introduction

The relevance of Europe to English Law European Economic Community established, with free movement, equal opportunities and improved living and working conditions for all European citizens. The founders of the EEC saw the gain in peace, stability, and economic development as outweighing loss of sovereignty. History of the E.U EU Law is based on the Treaty of Rome (1957). Since 1957, the European Economic Community now brings together 15 members states. The UK joined in 1973 by passing the European Communities Act 1972 that incorporates the Treaty of Rome into U.K. law, which the U.K. accepts obligations arising under it, or resulting from action taken by the EU institutions i.e. future as well as past EU law. The general objectives of the EEC under the Treaty of Rome were to promote throughout the community a harmonious development of economic activities, continuous and balanced expansion, and increase in stability, an accelerated raising of the standard of living and closer relations between the states belonging too it. There are four main institutions that implement E.U laws, which are: * European Parliament - Parliament is elected every 5 years. There are currently 626 MEPs.

Middle

"It is defined as general application, binding in its entirety and directly applicable in all member states". In Re Tachographs: EC Commissions v UK (1979), regulations was issued that tachographs to be installed in all road vehicles that were transporting goods. The U.K. government decided to give lorry owners a choice whether to install them or not. It was held by the ECJ that U.K. must apply regulations. The treaty makes clear regulations are directly applicable. Directives "Directives shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods". This shows that directives lay down an objective and then leave it to the individual Member State to decide how best to achieve it. In the U.K., this may take the form of an Act of Parliament, as with the Consumer Protection Act 1987 or by other methods available such as statutory instrument. Directives must be implemented within a set time limit. In Marshall v Southampton Health Authority (1986), the plaintiff was forced to retire at the age of 62 from her employment with the National Health Service.

Conclusion

Therefore, whatever limitation of its sovereignty Parliament accepted when enacting the ECA 1972 was voluntary. He pointed out that it was clear under the UK Act that it is the duty of the courts to override any national law found to be in conflict with any directly effective Community law. He also said that Parliament has always 'accepted the obligation to make appropriate and prompt amendments' to its own legislation when it was found by the ECJ to be defective in implementing EC Directives. In Bulmer v Bollinger 1974 Lord Denning also pointed out although he added that the UK could avoid loss of supremacy by repealing the ECA. This is legally possible but politically unlikely. The price for a say in the future of Europe, including the UK, lies in the grouping of what is left of national sovereignties. The decision in the Factortame case is only one in a line of cases showing a willingness by the ECJ to recognise that Community law gives rights as well as imposing obligations and that it does so in relation not only to member states but also to EU citizens, thus increasing the protection of individual rights.

The above preview is unformatted text

Found what you're looking for?

  • Start learning 29% faster today
  • Over 150,000 essays available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Over 180,000 student essays
  • Every subject and level covered
  • Thousands of essays marked by teachers

Related University Degree English Legal System

  1. Sources of English law.

    This new natural law assumptions are apparent in the insistence on "the principles of organization," the "communion" of members in realizing "durable ideals," and the placing of men's powers of organization into the service of such ideals, as essential elements of any institution.

  2. Parliamentary Sovereignty

    However, it should also be noted that it is not a supranational authority that has no affiliation with the member states that decides Community law. Instead, elected and non-elected representatives from each member state coordinate the implications of treaties and accepted norms; 'European law is not foisted on the states

  1. Parliamentary sovereignty

    viewed the Act as a reinvigoration of the rule of law because it gave greater responsibility to the judiciary, thereby upholding the rule of law. On the other hand, Greer (1999) asserted that the Act erodes Parliamentary sovereignty because declarations of incompatibility which Parliament fails to correct will ultimately be open to challenge before the Court of Human Rights.

  2. The nature of the equitable is a correction of the law where it is ...

    After the 1970s decisions the position was that sn injunction may be granted to prevent a defendant from removing assets from the jurisdiction in a manner likely to frustrate the plaintiff's proceedings. More recently it has been accepted that an injunction of this nature may even extend to assets held

  1. Sources of UK Law.

    What is reasonable depends on the circumstances. Employers, such as ourselves, owe a duty of care not only to employees but also to such people as contractors, visitors, customers, and people on neighbouring property. In the case of the duty of care owed by employers to employees, it includes the

  2. Assess the impact that Britain's union with Europe has had on the Doctrine of ...

    that Treaty provisions (which satisfy the criteria) have vertical direct effect, that is they impose obligations on national governments and create corresponding rights for citizens. Article 189 provides that Regulations are directly applicable, that is they apply in the Member States without the need for national implementing legislation. Regulations which satisfy the criteria also have direct effect.

  1. Does English Law Recognise a Duty to Bargain in Good Faith?

    extended to the wider legal context by the English courts in Attorney-General v Blake, perhaps reflecting the way in which this sharply correlates with our perceived moral notions of 'good faith'. Based on the reliance model, the law protects those who reasonably rely, to their detriment, on the misleading statements

  2. What Are The Sources Of English Law?

    Their job is to go through each cause of the bill and make any alterations they think are necessary. The next stage is the report stage, where the committee reports back to the House of Commons with its suggested amendments, and each amendment is voted on individually.

  • Over 180,000 essays
    written by students
  • Annotated by
    experienced teachers
  • Ideas and feedback to write
    your own great essays

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.