The European union- impact on England + wales & advantages/disadvantages Flashcards
What are the main categories of impact on England and wales of the EU?
This does not consistently apply since departure!
- New sources of law
- The changed role of the courts
- The future
What is meant by new sources of law?
-improvement of workers rights + anti- discrimination.
-more jobs
-environment
-freedom to move
Which case goes with new sources of law?
R v Secretary of State for Employment ex parte Equal Opportunities Commission (1994)- established rights for part time workers (gender discrimination).
Which case goes with the future?
Bulmer v Bollinger (1974)- concern over erroding the UK’s sovereignty- ‘the treaty is incoming like a tide!’
No longer applicable
What is meant by the changing roles of the courts?
-Judges ignore parliament if acts disagree with EU law.
-SC no longer highest court.
-less specific in drafting approach- purposive
Which case goes with the changing role of the courts?
R v Secretary of State for Transport ex parte Factortame (1990)- ignore act of parliament which conflicted the treaty of Rome.
What was The European Communities Act 1972 ?
-made EU laws the supreme form of law but Parliament could repeal this Act of Parliamentat any time and take back its power.
What does the EU ignore?
Criminal law, tort law, sucession.
Which case gave the European court the right to imprision or fine somebody if they ignored EU law?
Commission of the European Communities vCouncil of the European Union (2005)- CRITICISED.
What are some advantages of EU law?
- improve relations + prevent war + pool resources
- freedom of movement to work/study
- improvement of workers rights
What are some disadvantages of EU law?
- SC not highest- bound by European court
- EU has too much power over parliament
- Parliament no longer sovereign in areas covered by EU.
