• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The relevance of Europe to English Law.

Extracts from this document...


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. ...read more.


"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. ...read more.


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. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

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

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. Sources of English law.

    the immediate result of the facts The observed facts of social solidarity arising from economic specialization of functions generated. Breach of these norms causes social disorder and a spontaneous movement toward readjustment Some people have argued that positivism caused the nazi barbarian: "law is law."

  2. Parliamentary sovereignty

    The Act has achieved its desired balance by retaining Parliament's legal right to enact legislation which is incompatible with Convention rights. But section 4 dramatically reduces its political capacity to do so because the declaration serves as a political, perhaps moral disincentive to legislate incompatibly (Lord Irvine, 2003).

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

    of the court and while it was thought at one time that such injunctions could only issue against such foreign based defendants, this limitation has been eroded by the courts. In both Fleming v. Ranks (Ireland) Ltd 63 and Powerscourt Estates v.

  2. Parliamentary Sovereignty

    MacCormick questions the state of the sovereignty of Parliament doctrine in light of this decision as the highest court in land is recognising a directive that has not originated from Parliament. However, it can be argued that although this case confirmed the supremacy of Community law over UK law, it actually confirmed the legal sovereignty of domestic law.

  1. Sources of UK Law.

    where the employer has been in breach of the duty of care which he owes to the employee. Being part of the common law, the law of negligence has evolved, and continues to evolve, by virtue of the decisions of the courts - Parliament has had virtually no role to play in its development.

  2. What Are The Sources Of English Law?

    If there is a vote in favour of the bill, then it is passed on to other houses where the same stages take place. In the House of Lords, the same happens, but the House of Lords have limited powers, and any decision they make on the bill must be considered by the House of Commons before Royal Assent.

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

    The 'general application' of a Regulation is indicative of its legislature and it is the main instrument for uniformity throughout the community. In Leonesio v Italian Ministry of Agriculture (1973) a regulation to encourage reduced dairy production stated that a cash premium should be payable to farmers who slaughtered cows and agreed not to produce milk for five years.

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

    This doctrine was applied to pre-contractual relations by the Canadian Supreme Court in Lac Minerals. Applying the doctrine in Seager v Copydex, Lord Denning identified "the broad principle of equity that he who has received information in confidence shall not take unfair advantage of it."4 The doctrine has also been

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work