PS and EU

Question 1

Statue for making EU law part of UK law

Answer 1

European Communitites Act 1972

Eu law joined by a statutory basis

Question 2

What was the effect of EU law becoming part of UK law

Answer 2

Took effect over any UK laws

Question 3

Case - EU law is supreme over inconsistent UK law

Answer 3

Costa v ENEL

“The rights created by the Treaty, by virtue of their specific origional nature, cannot be judicially contracted by an international law’

Rights created by treaties are sepcial, if Eu and Uk clas, EU wins.

Question 4

Courts trying to avoid the clash of UK v EU principle coming into affect

Answer 4

Cases like McCarthy and Lister,

Courts sued statutory interpretation as a tool to find that EU and national are inevitable

Lister - Courts took a purposive approach to SI to use EU common law

Question 5

Case for a clash being inevitable

Answer 5

Factortame (no.1) -

Merchant shipping act (AoP) introduced.

Spanish company sought interim releif from court - Court said no as they cant override AoP

Court of Justice of the European Union held that national law should be set aside for supreme EU law

Question 6

First time coruts ignored qa sovreign domestic parliament

Answer 6

factortame no 2

Lord Bridge - ‘always been duty of UK to override any rule of national law in conflict with community law’ (Paraprahse)

Question 7

Dissaplication of EU

Answer 7

Aftermath of Factorame - judicial power of dissaplication of AoP shows that where National law interferes or violates with EU law, it can be dissaplies

Question 8

Barber on factorame and soverengty

Answer 8

Barber - ‘After Factorame… the old absolutism of sovereignty is no longer viable’

Question 9

Miller definition

Answer 9

‘PS is a fundamental principle of the UK consitution. EU law can only enjoy a status in domestic law which that principle allows’