Eu Law Over Uk Law

United Kingdom Law has waned in importance since the implementation of the European Communities Act 1972, when the national law start being in the light of European Law. Later the Fundamental Rights are enforced to United Kingdom Law, and the devolution project appear through the United Kingdom territory, Scotland, wales and Northern Ireland. All of this means the European Integration, the parliamentary sovereignty and national law lose power and the European Union Law win it. Therefore European Union Law starts to be supreme.

The principal obstacle to the United Kingdom accept the supremacy of European Union Law is the principle of parliamentary sovereignty. About this principle the Parliament has under the English power to make or unmake any law, that no person or body is recognised by the law of England or the legislation of parliament, the sovereignty of parliament is a fundamental rule, no legal limits could be placed. The all-powerful position of it has capacity to act like law maker assumes special importance. The parliament comprising the House of Commons, the House of Lords, and the sovereignty has the capacity to pass o repeal any law without any legal limits. Parliament can do everything that is not naturally impossible. The sovereignty of parliament means that there is no other body which has authority to challenge the validity of laws made by parliament in the proper manner. But the sovereignty parliamentary in relation with the European Union Law, the Treaty of Lisbon was incorporated into United Kingdom law by the European Union and the European Court of Justice has fundamentally qualified the concept of parliamentary sovereignty. The European Union comprises an additional institutional layer of government operating at supranational level. European legislative process gives rise to particular forms of law which apply in the United Kingdom. When considering the limits of sovereignty need to be clear about the status of European Union Law within individual member states. Van Gend en Loos already established the supremacy principle, the European Union Law constitutes a new legal order of international law where the states have limited their sovereign rights and the subjects of which comprise not only member states but their nationals too.

About the case of Van Gend Loos, it explain the direct effect, the European Court of Justice established that the European Union Law is applied to the Member States and the private parties, when the directive is clear, precise and unconditional.

Costa case talk about the supremacy of the European Union Law, supreme over national law. National Law must obey the European Union Law.

These two cases Van Gend Loos and Costa are very important because the direct effect and the supremacy principle are the pillars of European Union Law.

Von Colson case explain the indirect effect, the European Court of Justice established that national courts should interpret national law in line with the directive.

The European Communities Act 1972 was an Act of the Parliament of the United Kingdom providing for the incorporation of European Community law into the domestic law of the United Kingdom. This Act do the concept of direct effect a part of the United Kingdom legal system, the law under the European Union Treaties has legal effect in United Kingdom. The foundation for the United Kingdom acceptance the supremacy of European Union Law has been primarily the European Communities Act 1972.

The famous Factortame case is a series of decisions between United Kingdom and European Union law. This case confirmed the supremacy of European Union law over national law and the erosion of parliamentary supremacy.

The European Union Act 2011 is an Act of the Parliament of the United Kingdom, this act requiring a referendum to correct the Treaty on European Union (TEU) or the Treaty on the Functioning of the European Union (TFEU). It has since been passed in an attempt to prevent the incremental ceding of power to the European Union, it is not affected by the 2011 Act. The Treaties of the European Union are international treaties between the European Union member states. They establish the various EU institutions together with their remit, procedures and objectives. The Treaty on European Union was signed in Maastricht in 1992 and the Treaty on the Functioning of the European Union was signed in Rome in 1958 as the Treaty establishing the European Economic Community.

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