EU laws impact on UK
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Lord Denning in HP Bulmer Ltd v J Bollinger AS (No 2) [1974] described European Union Law as being:
'like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back.'
In light of the above comment critically discuss to what extent EU laws effect the sovereignty/supremacy of UK Parliament.
Research
- Introduce the various forms of European Union law
- Discuss how EU laws are implemented within the UK (direct effect and direct applicability) referring to relevant cases.
Essential reading:
Elliot and Quinn, English Legal System: Chapter 5
Official website of the EU: http://europa.eu/index_en.htm
For EU cases: http://eur-lex.europa.eu/legal
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Solution Summary
This posting gives you a step-by-step explanation of the direct effect and direct applicability of EU laws in UK . The response also contains the sources used.
Solution Preview
Step 1
There are three common forms of EU laws. These are regulations, directives, and decisions. The regulation is similar to a normal national law and applies to all 28 member states. The directive gives the rules that the countries should place in their national laws. Finally, a decision affects only a certain issue or country at a time (a). The EU calls these three forms secondary legislation. The primary legislation according to EU are its treaties. Specifically, the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the two primary sources of EU law. The TEU provides the principles of human rights, democracy, and institutions and the TFEU gives the ...
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