Effect of Europe on English Law
The UK joined the European Community (EC) in 1972 (though it was originally asked to join original 6 six countries at the start of the union in 1952, but declined), made official in January 1973, after passing the European Communities act which incorporated “The Treaty of Rome” into English Law and was the first nation to join the original six member states. Upon joining the European Union, the effects on the English legal system were tremendous. For example the act states any law that contradicts European law will be overruled by its European equivalent through the European Court of Justice in Luxembourg.

The Sovereignty of the English legal system has being morally withered by the supreme European Union. After passing the European Communities act in 1972, England has lost a minimal amount of control over the legal status of country. England has lost slight control over such things as welfare benefits, trade and employment. Although the European Union has some authority over the English legal system, they have little concern with Criminal, law, Contract law, Family law, Education and Health. Meaning only a minimal amount of sovereignty has being lost by the English legal system.

The Supremacy of the European Union over the English legal system was proven in 1973 in Commission V United Kingdom. After failing to meet a directly applicable regulation, stating that mechanical recording equipment must be installed on all Lorries in each member state, the matter was referred to the European Court of Justice (an institution with in the European Union). This had consequences on England’s legal system, making one of the world super powers and former sovereign of parts of Europe look feeble under the European Union.

The treaties are the main source of law with in the European Union and are relied on, by such institutions as the European Court of Justice (ECJ) for making decisions. They are also the initial basis of law with in all the member states. For example The Treaty of Rome has incorporated the following into English law and all other member states: “Without prejudice to certain measures of a Community nature, the Member States shall finance and implement the environment policy”. This shows the lack of control England has over certain parts of its legal system, because of the strict power of the Treaties.

A loss of independence on the behalf of the English legal system and numerous other member states has being exposed by the European Union. For example, Factortame (1990), after deciding the UK could not enforce the Merchant Shipping Act (1988) the European Court Of Justice decide to penalize the UK. This shows the amount of conflict between national and European law and also, that the English legal system has lost the independency to make decisions it self. The supremacy of European law over English Law was once again proven in Factortame (1990).

Directives are applicable laws set by the European Union but can be put in effect in any way each member state desires; this means the English legal system still posses a large amount of control over some of the legal matters the European Union has a venture in. An example of this is Francovich V Italy (1991), when the Italian government failed to implement a directive properly the European court of Justice allowed a civilian to sue the Italian government. Although this has no little relation to the English legal system it proves the European Unions supremacy over member state governments.

From researching the English legal systems relation to the European Union it is clear that, the European Union has affected England’s system of law, although England is the clear sovereign of its legal system. The supremacy and supreme power of the European Union has slightly withered the sovereignty, England once held over its countries legal system. Also since January 1973, strict changes have had to be made to the English legal system because of such things as European, regulations, directives and treaties.

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