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EC law and national taw EC law and national taw How EC law enters the UK legal system EC law enters into UK domestic law under the European Communities.

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Presentation on theme: "EC law and national taw EC law and national taw How EC law enters the UK legal system EC law enters into UK domestic law under the European Communities."— Presentation transcript:

1 EC law and national taw EC law and national taw How EC law enters the UK legal system EC law enters into UK domestic law under the European Communities Act 1972 (ECA 1972). You should look carefully at this Act, in particular, The Act specifies that: Rights and duties derived from EC provisions that have direct effect are to be given full legal effect within the UK Rights and duties derived from EC provisions that have direct effect are to be given full legal effect within the UK The UK executive has the power to implement EC law without need for parliamentary approval. This covers both EC laws adopted prior to 1972 and, crucially, in the future. The UK executive has the power to implement EC law without need for parliamentary approval. This covers both EC laws adopted prior to 1972 and, crucially, in the future. The meaning or effect of EC legislative provisions is to be interpreted by the executive and the judiciary in accordance with EC law, which includes the jurisprudence of the ECJ. The meaning or effect of EC legislative provisions is to be interpreted by the executive and the judiciary in accordance with EC law, which includes the jurisprudence of the ECJ. EC law and parliamentary sovereignty The manner in which, and the extent to which, the United Kingdom courts have accommodated Community obligations requires consideration. in the unwritten UK constitution, the highest principle is that of Parliamentary sovereignty, whereby the UK Parliament is free to pass any laws and cannot bind its successors. in the unwritten UK constitution, the highest principle is that of Parliamentary sovereignty, whereby the UK Parliament is free to pass any laws and cannot bind its successors. This creates the possibility of conflict between uk law which British judges must always respect - and EC law, which is recognised as supreme across the EC member states. This creates the possibility of conflict between uk law which British judges must always respect - and EC law, which is recognised as supreme across the EC member states. The ECA 1972 strikes a balance between the principles of parliamentary sovereignty and supremacy of EC law in the following manner. The ECA 1972 strikes a balance between the principles of parliamentary sovereignty and supremacy of EC law in the following manner. On the one hand, the ECA 1972 is not entrenched - that is, it is not immune from amendment or repeal. There is no statement in the Act purporting that EC law is a `higher form of law', which cannot be repealed, or could be repealed but only by some specified `manner and form'. On the other hand, the Act's provisions have been understood by the British judiciary to essentially allow that, for as long as the Act remains in force, On the one hand, the ECA 1972 is not entrenched - that is, it is not immune from amendment or repeal. There is no statement in the Act purporting that EC law is a `higher form of law', which cannot be repealed, or could be repealed but only by some specified `manner and form'. On the other hand, the Act's provisions have been understood by the British judiciary to essentially allow that, for as long as the Act remains in force,


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