Impact of Eu Law on English Legal System
THE IMPACT OF THE EU ON THE ENGLISH LEGAL SYSTEM &
THE ADVANTAGES AND DISADVANTAGES
OF THE DOCTRINE OF JUDICIAL PRECEDENT
Module: Business Law
Module tutor: G Arruda
Group presentation: Annette Warner, Kelley-Ann Lamey, Kevin Gyamera
12th November 2012
CONTENTS PAGE
• Introduction 3
• What is the EU? 4
• Types of EU legislation 5
• Legislation of the European Union 6-7
• The Supremacy of EU Law 8
• Treaty of Rome – direct effect Case example 9
The Judicial Precedent – Advantages & Disadvantages 10
• What is the Judicial Precedent 11
• Hierarchy of the courts 12
• Overruling 13
• Advantages 14
• Disadvantages 15
• Conclusion 16
• Reference 17
INTRODUCTION The aim of this presentation is to demonstrate how the European Union Impacts the English legal system and goes on to identify the advantages and drawbacks of the Judicial Precedent.
WHAT IS THE EU?
• Formerly known as EEC the European Economic Community
• UK joined 1st January 1973
• Countries working together in partnership
• Based on the rule of law
• Ensure members act consistently in various policies
• Human rights
Types of EU legislation
The principal forms of
EU legislation are
Treaty provisions
Regulations
Directives
Decisions
Legislation of the European Union
Treaty of Rome – direct effect Case example
In this case the EC treaty Art 141 is clear, unconditional, and is not dependent upon parliament implementation
The Supremacy of EU Law
The above reflects
supremacy of the EU Law
direct applicability and direct effect of EU Law takes precedence over UK Law and
UK Law is to be changed by Parliament in the event of its incompatibility with EU Law
However the fact that UK appears still to be able to change any law by an Act of Parliament even the legislation that speaks of EU supremacy suggests that the Supremacy of the UK
Parliament
THE ADVANTAGES AND DISADVANTAGES
OF THE DOCTRINE OF JUDICIAL PRECEDENT
Module: Business Law
Module tutor: G Arruda
Group presentation: Annette Warner, Kelley-Ann Lamey, Kevin Gyamera
12th November 2012
CONTENTS PAGE
• Introduction 3
• What is the EU? 4
• Types of EU legislation 5
• Legislation of the European Union 6-7
• The Supremacy of EU Law 8
• Treaty of Rome – direct effect Case example 9
The Judicial Precedent – Advantages & Disadvantages 10
• What is the Judicial Precedent 11
• Hierarchy of the courts 12
• Overruling 13
• Advantages 14
• Disadvantages 15
• Conclusion 16
• Reference 17
INTRODUCTION The aim of this presentation is to demonstrate how the European Union Impacts the English legal system and goes on to identify the advantages and drawbacks of the Judicial Precedent.
WHAT IS THE EU?
• Formerly known as EEC the European Economic Community
• UK joined 1st January 1973
• Countries working together in partnership
• Based on the rule of law
• Ensure members act consistently in various policies
• Human rights
Types of EU legislation
The principal forms of
EU legislation are
Treaty provisions
Regulations
Directives
Decisions
Legislation of the European Union
Treaty of Rome – direct effect Case example
In this case the EC treaty Art 141 is clear, unconditional, and is not dependent upon parliament implementation
The Supremacy of EU Law
The above reflects
supremacy of the EU Law
direct applicability and direct effect of EU Law takes precedence over UK Law and
UK Law is to be changed by Parliament in the event of its incompatibility with EU Law
However the fact that UK appears still to be able to change any law by an Act of Parliament even the legislation that speaks of EU supremacy suggests that the Supremacy of the UK
Parliament
References: Textbooks Keenan, Law for Business: 11th ed.,England: Pearson Education Ltd, 2006 Adams, Law for business students: revised 7th ed., England: Pearson Education Ltd, 2012 Gillespie, The English legal system: 3rd ed., England: Oxford University Press,2011