European Union Law and Its Impact on UK Courts

This assignment delves into the world of European Union law and its influence on the courts of the United Kingdom. It begins with an overview of the European Union's legal framework, highlighting key aspects such as the EU Council, Commission, and Court of Justice. The project then moves on to discuss the concept of parliamentary sovereignty, a cornerstone of British constitutional law that has been impacted by EU laws. Through case studies like Lisa Grant vs. South West Trains, it illustrates how European Union decisions have shaped the legal landscape in the UK, often with significant consequences for individual citizens and the broader implications for national laws and regulations.

European Law

TABLE OF
CONTENTSINTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
Analysis of various functions.................................................................................................1
TASK 2............................................................................................................................................3
Impact of European Union law, the sovereignty of parliament..............................................3
TASK 3............................................................................................................................................4
Impact of EU Law on UK Court............................................................................................4
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
European Union law is considered as one of the effective bodies of treaties, law and
judgement of court that operate together with the legal system of EU associate states. In case
there is any kind of conflict occurs within the parties EU law as internally helpful for resolving
all the matter through conducting meeting from both the side. This project assignment aims at
discussing various functions of four main institutions that are available in EU. Analysis about all
the impacts of law in context of sovereignty of parliament is being mentioned in this report.
Apart from this, implications on UK court are also being studied here (Boerger-De Smedt, 2012).
TASK 1
Analysis of various functions
(A) EU parliament
EU is said to be directly designated parliamentary institution. The citizen of UK used to
elect their parties once in every five years of the time. It is considered as law making branch of
union. It is constituted with a total of 751 members that are elected in 28 member states of
enlarged EU. It has been analysed that each nation would decide on the form of their elections
that are going to take place but there is full guarantee for equality among sexes and secret ballot.
It is set up with the motive to resolve all the queries that are affecting the dignity of the people as
well as nation at the same point of time (Castellano, 2012). The member of parliamentary
committee votes on specific report and makes it possible to amend after going through all the
facts and matters.
(B) European commission
It seems to be a valuable institution of EU which is held responsible for suggesting
legislation, keeping the EU treaties and managing their everyday business operations. It provides
commissions as political leaderships during their five-year time period. The president is
nominated through European council. It is summarised with a total of 28 commissioners, one per
member state (Davies, 2012). They are responsible for promoting the common interest of union.
It passes on the European parliament and council for taking necessary approval and ultimate use
of that particular orders. In case if they are not obeying with various obligations under EU rules
and policies, a consistent opinion is being issued to the state that provides certain opportunities to
respond on specific matters.
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(C) European Council
It is related to the certain kind of suspect with proper deigning European Union as
providing right political direction to any kind of cases. The major parties involved in resolving
any issues consists of heads member or local authority of member state and president of
European council. In council, government parties and ministers from each EU nation usually
conduct meeting to deal, amend, adopt any specific law and coordinate polices on concern bills
or matters (Basedow, Hopt and Zimmermann, 2012). They have the entire power to inform
directly to the governments to taken necessary actions as decided in the earlier meetings. There
are 47 nations as well as 28 members those are related to the EU. It is common related with
political direction and priorities of European Union regulations that are used to resolve various
issues that are arises among the parties. It include \heads of state or higher authority of the state
together with the president work to make any kind of decision within the EU. It is important part
of global organisation that state specific goal that consists of certain kind of human rights,
democracy and rules that are made by the law in Europe (Marsden, 2011).
(D) Court of justice of the EU
It is said to be the Supreme Court of EU that is held responsible for dealing with various
issues that are related with union. It is considered to be one of the effective parts of the nation, it
is tasked with analysing EU law that can makes sure equal application across the country can
move around. It has various important functions which ensure that European law is applied in
similar manner in every state (Pescatore, 2015). This has been found that a court is considered as
tribunal that is often related to government institution with concerned parties to adjudicate any
legal disputes which arise among parties and resolve it out the management of justice in civil as
well as criminal matters in respect to various rules of laws. It is established in 1952 and situated
in Luxembourg. Aside from the three main levels of common federal courts such as district,
appellate and Supreme Court, there are various magistrate judges in every region. It has been
analysed that real jurisdiction of court is having important power to deal with specific cases. As
opposed to cases any compliant forwarded in upper court have the right to review decision of
lower court.
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TASK 2
Impact of European Union law, the sovereignty of parliament
Parliamentary sovereignty is said to be a specific concept that is being followed in the
constitutional law of various legislative democracies. Everybody has absolute supremacy and
have supreme right over every other legal bodies. It does not include executive or other judicial
bodies. They do have the right and power to take decision regarding any specific law that is vital
for the nations. It holds that legislative agency is having absolute sovereignty. EU regulations is
based on effective principle within European nation. It provides supreme legal right to create or
end any particular law. Basically, the court would not have their legislation and do not have any
control over the individual rights. Only the parliament is having entire right to pass laws that are
amended by the future parliaments. The doctrine of supremacy become ever so important that are
well defined in European court of justice in a total number of progressive phases. There are
various examples that are found in relation to this. Some of them are mentioned underneath:
(1) Case of Costa V. ENEL has been arising
In this particular case, an Italian citizen disparate to have conflict with the Italian energy
company ENEL, because they had not been followed the agreement. He then refused to make
payment of electricity bill in dispute and claimed that nationalisation infringed EC law on
particular state twisting the market. The court had rules over the decision in the favour of
government because the relevant agreement provided by the Costa had no any positive facts in
relation to Italian regulation. Mr. Costa had no any evidences to challenges in the higher court.
Yet, on certain legitimately issues of costa's matter is to build particular objective in order to deal
with EC control against a national government in lawful manner. But the Italian government has
disagreed with the decision. It ruled that European law should not be so actual if Mr Costa would
not encounter national law on the source of their supposed incompatibility with EC regulations.
(2) Cases such as Hunt V. Hackney Borough council:
This case is related with UK constitutional and administrative law case that deals with the
interaction of EU law and an Act of parliament. It has been argued that under the proper
guidance of case, it does not constitute as a beach of parliamentary sovereignty. It is crucial for
recognition of supremacy of EU law that are considered to be base for recognition. It seems to be
more ineffective as it does not relate with direct conflict with specific matter that is related with
EC law. Instead of this, the attempt of trying to have some sort of implications on the fishing
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quotas that are legally considered under EC regulation. Henceforth, it can be risky that judiciary
system is more challenging to the contract with all kind of cases that are mentioned under the EC
law. In order to deal with act of parliament there are ways that are compatible with treaty norms
under the EC act. The judgement made on this case is in the favour of European court justice as
evidences are more in the favour of the community law. (Case study, 2018).
(3) Example, Drug dealer gets £3,000 from police
There is a news regarding a drugs dealer that has been praised with £3,000 compensation
for attack of privacy. Sean Taylor from Bristol was send in the jailed for 10 years after found
guilty in ecstasy worth which is more than of £ 260000 during an armed raid. The EU court of
human right has been giving the price and expenses after the crime squad copied Taylor radio
monitor and analysis his messages. A state crime squad officer told to BBC news that man belief
was defended through the court of petition in 1998. After 10 years ago, the legislation was not
being stringent as it is presented in today. After making proper analysis on the issues, the court
of UK ordered them to release Taylor-Sabori from prison.
TASK 3
Impact of EU Law on UK Court
European Union consists of most of the European countries and hence, there is a direct
impact of various laws that are being formed by the English courts as well as legal system of
United Kingdom. There are various acts which make it compulsory for the member nations to
implement specific law that are made in context to the European countries and are approved by
the European Union. The aim behind this kind of alignment in laws of Europe and United
Kingdom is to make sure that there are no major differences in laws of member countries as it is
an important issue in the lives of individuals in various countries. Life of individuals residing in
Europe has changed a lot after the accession to European community.
Community Laws affect the national rules as well as UK citizens in almost all areas
except property regulations. This is because; it is an area which is the jurisdiction of every
country and there cannot be any intervention within the same. Two of the recent cases are
important to discuss. These were not held in Britain but if in similar kind of case would take
place in UK, it might affect decisions that will be ruled by the courts within any particular
nation.
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Case 1: Gravier Vs City of Liege - In this case, European court said that access to
vocational training can be a reason for free movement of persons around the borders, effect of
this case is that any member state that does not allow citizens of other European country to have
vocational training on their land can be challenged in the court and thus, may lose the same in
any European Court.
Case 2: Costa Vs. ENEL - The case was held in the European court of Justice. It was said
that member states of European Union have specifically limited their Sovereign Rights and
therefore, they intentionally or unintentionally bind themselves with the community rules and
regulations. Hence, if there will be any case when the contradiction between National and
community law will take place, the later will prevail effectively over the former one.
Case 3: Lisa Grant Vs. South West Trains – Under this case, A European Court awarded
compensation to a woman who have faced discriminatory behaviour on the ground of sexual
harassment. This decision will be going to force the Courts of Britain to crucial decision in order
to support the lisa.
There are various other cases as well which has laid the foundation for member’s
countries to make an amendment in their laws. At the same time pass orders which are relevant
and identical with the Verdicts that is being made at the International level in an effective way.
The need of such kind of case is to make an effective analysis of current legal system as well as
acts in proper alignment with community Law (Shore, 2011)
CONCLUSION
From the above project report, it has been concluded that European Union law is made
for the purpose of providing proper control and protection to the parties. For this purpose,
various analysis is being done regarding EU council, commission and court of justice. Further
implication that is seen on the parliamentary sovereignty through using certain cases is also
being discussed effectively. At the end of the report, analysis of all the impacts related to EU
laws over the UK court is mentioned properly in the above project.
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REFERENCES
Books and Journals
Basedow, J., Hopt, K. J. and Zimmermann, R. eds., 2012. The Max Planck encyclopedia of
European private law. Oxford University Press.
Boerger-De Smedt, A., 2012. Negotiating the foundations of European law, 1950–57: the legal
history of the treaties of Paris and Rome. Contemporary European History. 21(3).
pp.339-356.
Castellano, P. S., 2012. The right to be forgotten under European Law: A Constitutional debate.
Davies, B., 2012. Resisting the European Court of Justice: West Germany's Confrontation with
European Law, 1949–1979. Cambridge University Press.
Marsden, C. T., 2011. Internet co-regulation: European law, regulatory governance and
legitimacy in cyberspace. Cambridge University Press.
Marsden, S., 2012. Strategic environmental assessment in international and European law: a
practitioner's
Pescatore, P., 2015. The Doctrine of" Direct Effect": An Infant Disease of Community Law.
European Law Review. (2). pp.135-153.
Shore, C., 2011. ‘European Governance’or Governmentality? The European Commission and the
Future of Democratic Government. European Law Journal. 17(3). pp.287-303.
Online
Case study. 2018. [Online]. Available through:
<https://www.lawteacher.net/free-law-essays/administrative-law/doctrine-of-supremacy-
of-european-union-administrative-law-essay.php>.
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