1. THE EUROPEAN UNION
Overview

2. OVERVIEW
We know all about the doctrine of parliamentary
sovereignty: Parliament can make or unmake any
law, and no authority on Earth can set-aside an Act
of Parliament.
 Some argue that the EU has changed this. The UK
Parliament is no longer sovereign.
 Where does the EU come from? What is its
history?
 What does the EU do?
 What is the relationship between EU law and UK
law?


3. SESSION OBJECTIVES

1.
2.
By the end of this session, all learners will:
Be able to explain how the UK’s membership of
the European Union has changed the face of our
constitution.
Be able to outline the structure of the EU.

4. HISTORY
World War II was driven by violent and rampant
nationalism.
 The historian Niall Ferguson says: ―By any
measure, the Second World War was the greatest
man-made catastrophe of all time.‖
 It wiped out 1.3% of the world’s population.
 It destroyed the economies of Europe.
 Ultimately led to a lack of trust in the nation state.


5. DEALING WITH WWII’S AFTERMATH
The United Nations was set-up in 1945 – directly
after the war.
 Article 2 of the United Nations Charter states:

―All Members shall refrain in their international relations
from the threat or use of force against the territorial
integrity or political independence of any state, or in
any other manner inconsistent with the Purposes of the
United Nations.‖
 ―All Members shall settle their international disputes
by peaceful means in such a manner that international
peace and security, and justice, are not endangered.‖


6. DEALING WITH WWII’S AFTERMATH
The International Court of Justice was introduced
by the UN Charter.
 Its job is to use international law to settle disputes
between states.
 The aim is to keep states apart. Prevent them from
getting at each other’s throats.


7. DEALING WITH WWII’S AFTERMATH

Churchill was one among many to see what
needed to be done in order to stop the human race
from destroying itself:

―Only with the continuing and growing cooperation and
understanding among our three countries and among all
the peace-loving Nations can the highest aspiration of
humanity be realized—a secure and lasting peace
which will, in the words of the Atlantic Charter, "afford
assurance that all the men in all the lands may live out
their lives in freedom from fear and want."

8. DEALING WITH WWII’S AFTERMATH
European Union had the same intentions as the
United Nations.
 Except that the UN aimed to keep states
apart, while the EU aimed to pull them together.


9. HOW DID IT ALL BEGIN?
By merging specific economic sectors – coal &
steel, atomic power, and eventually everything.
 If European states rely on each other to prop-up
their economies, and they have to work together
in their own interests, it is less likely that they will
go to war.
 France and Germany started it in 1951 with the
European Coal and Steel Community.


Less competition between states for natural
resources.

10. HOW DID IT ALL BEGIN?

France and Germany soon joined by the
Netherlands, Italy, Luxembourg and Belgium.

This evolved into the European Atomic Energy
Community in 1957.

Again, if states are forced to share resources then they
won’t fight over them.

11. EUROPEAN ECONOMIC COMMUNITY
This is the real precursor to the EU.
 Set up in 1957 to:

1.
2.
3.
4.
1.
Establish a common market.
Promote harmonious economic development.
Increase stability and raise the standard of living.
Lower tariffs between Member States and establish a
common external tariff.
Britain didn’t become a member until 1973.

12. THE BIG ONE
1992 Maastricht Treaty.
 Renamed the EEC. It became the European
Union.

European citizenship.
 Free movement of labour.
 Free movement of goods and services.
 Environmental protection.


13. DEVELOPMENT OF THE EU

1997 Treaty of Amsterdam – human rights, sexual
equality, anti-discrimination, cooperation in criminal
matters.

2000 Nice Treaty

2007 Treaty of Lisbon – EU President, EU foreign
affairs minister.

14. DEVELOPMENT OF THE EU

http://www.youtube.com/watch?v=UNmsz6_EMJM

15. EU INSTITUTIONS
Executive
Council of
Ministers/
Commission
Legislature
EU Parliament
Judiciary
European Court
Of Justice

16. SEPARATION OF POWERS

Council of Ministers: Made up of ministers from
each Member State. Proposes laws to the,

EU Parliament: Directly elected representatives
from all Member States. Passes laws to be applied
by the,

European Court of Justice: Made up of judges
nominated by each Member State.

17. EUROPEAN COURT OF JUSTICE
Hears referrals from Member States on questions
of EU law.
 Has the ultimate authority on issues of European
Union law – higher than the UK Supreme Court.
 Based in Luxembourg.


18. WHAT THE EUROPEAN COURT OF JUSTICE IS
NOT.
The European Court of Justice is not the
European Court of Human Rights.
 The Human Rights Convention is NOT a piece of
EU law. It comes from the Council of Europe – a
totally separate and distinct organisation.


The Human Rights Convention was drafted after
WWII, primarily by British Conservative ministers.

19. WHAT THE EUROPEAN COURT OF JUSTICE IS
NOT.
European Union
EU Law
ECJ
Council of Europe
Human Rights
Convention
European Court
Of Human Rights

20. WHAT THE EUROPEAN COURT OF JUSTICE IS
NOT.

http://www.youtube.com/watch?v=pQrCZaAxstg

Farage called it the ―European Court,‖ not the
―European Court of Human Rights.‖ Creates
confusion.

Farage blamed the EU and said that getting out of
the EU was the cure. Leaving the EU will have no
effect on our human rights obligations under
the Human Rights Convention.

21. SUPREMACY OF EU LAW
A series of cases, decided by the European Court
of Justice, have established that EU law rules over
national law.
 EU law even rules over national constitutions.


The UK passed the European Communities Act
1972 in order to join the EU.
It gives EU treaty laws direct effect in the UK
 It gives decisions of the ECJ the force of precedent.


22. SUPREMACY OF EU LAW

Flaminco Costa v ENEL [1964]
By becoming a member of the EU, Member States have
limited their sovereign rights.
 We can’t have EU law changing depending on what
state you’re in, otherwise what is the point of it?
 EU law cannot be overriden by national laws.
 Member States’ sovereign rights are permanently
limited.


23. SUPREMACY OF EU LAW

Internationale Handelsgesellschaft [1970]
Applicant argued that if EU law clashes with a national
constitution, the constitution should win.
 The ECJ ruled against him.


―The validity of a Community measure or its effect within
a Member State cannot be affected by allegations that it
runs counter to either fundamental rights as
formulated by the constitution of that state or the
principles of a national constitutional structure.‖

24. SUPREMACY OF EU LAW

Simmenthal [1978]

ECJ said that EU law prevents Member States from
effectively passing legislation that is contrary to EU law.

25. SUPREMACY OF EU LAW – UK APPROACH

Factortame (no. 1)






Concerned the Merchant Shipping Act 1988.
Fishing vessels could only register to fish UK waters if
75% of shareholders and directors were British.
The House of Lords asked the ECJ for advice.
ECJ held that this violated EU law.
The House of Lords therefore refused to apply the
Merchant Shipping Act 1988.
Clear example of another institution setting aside a law
passed by Parliament and eroding its sovereignty?

26. CONSEQUENCES OF FACTORTAME
Lord Bridge in Factortame didn’t think it was such
a big deal in terms of Parliamentary sovereignty.
 Parliament had chosen to sign-up to the EU, had
chosen to make its laws effective in the UK, and it
was up to Parliament to leave if it no longer
liked it.
 Ultimate authority still rests with Parliament.


27. CONSEQUENCES OF FACTORTAME

In Macarthy’s Ltd v Smith Lord Denning said:


―If the time should come when our Parliament
deliberately passes an Act — with the intention of
repudiating the Treaty or any provision in it — or
intentionally of acting inconsistently with it — and
says so in express terms — then . . . it would be the
duty of our courts to follow the statute of our
Parliament.‖
Also read Thoburn v Sunderland City Council
where the same thing was said.

28. HAVE WE LOST OUR SOVEREIGNTY TO THE
EU?

YES:
European Union law is capable of setting-aside an Act
of Parliament.
 According to the European Court of Justice, Parliament
cannot pass an Act in violation of EU law. It has
permanently limited its sovereignty.


NO:
All Parliament has to do if it wants to violate EU law is
say so in express terms.
 Ultimate power still rests with Parliament. It can still
make or unmake any law, and nobody can set it aside
as long as they say so.


29. SUMMARY
The European Union emerged from the ashes of
World War II. It aimed to bring states together to
prevent further war.
 It is a common market which is supposed to work to
everybody’s benefit.
 European Union law takes precedence over UK
law.
 The question whether the UK has lost its
sovereignty is up for debate.
