The title of this essay is stimulating us to question and explore how and why the European Union became an organisation with such power and the reasons as to why European Union Law holds more weight than national laws. In order to do this one must establish what the European Union is. The European Union was created by the Maastricht Treaty on November 1st 1993. It is a political and economic union between European countries which makes its own policies concerning the members’ economies, societies, laws and to some extent security. The European Union was not created Instantaneously by the Maastricht Treaty but developed and expanded over a long period of time starting at the ending of the second world war in 1945. The EU can trace its origins
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vs. Smithappened tto be in a stockroom. her prdecseeor han community law took primcy og the united kingdom domestic law . Ms smith managed to obtain a job working in a stockroom. Her predecessor happened to be a male and she unfortunately was paid ten pounds less than him for carrying out the same quality and standard of work. Ms Smith then claimed that this was against the law according under section one of the equal pay act 1970. ‘The company argued she had no claim because the UK 's Equal Pay Act 1970 did not allow comparisons with former colleagues. Ms. Smith argued that, if this was true under UK law, then European Community law did allow such a comparison, and it would override the UK statute’. The Court eventually sent through a reference regarding this case questioning whether European community law applied to a female replacing a male and the European court ruled that ECL did apply to this circumstance. As a result of this case Lord denning stated ‘Community law is now part of our law. And wherever there is any inconsistency, community law has priority. It is not supplanting English law, it is part of our law, which overrides any of the part which might be inconsistent with it” …show more content…
In the Factortame cases the European court of justice had to take a decision regarding whether it not judges within the United Kingdom are allowed to essentially ‘grant interim relief in proceedings where rights claimed under community law are at issue’. ‘This case was a case taken against the United Kingdom government by a company of Spanish fishermen who claimed that the United Kingdom had breached European Union law by requiring ships to have a majority of British owners if they were to be registered in the UK’. The Factortame cases were a sequence of legal proceedings that took place in the 1990s. These cases revolved around the United Kingdom breaching the European union law through their Merchant shipping act of 1988.It was claimed that the Merchant shipping act of 1988 was not compatible with EU law and it was argued that the UK must dismiss the act due to its lack of compatibility. A group of Spanish fishermen claimed that by requiring that ships should have a majority of British owners in order to be registered in the UK. The UK required that the ship must be at least 75% British owed and the first Factortame litigation was where the high courts and house of lords sought to understand whether this was legal and compatible with European community law and see if the interim relief for the act was applicable whilst the case was being dealt with. Just over a year later in
vs. Smithappened tto be in a stockroom. her prdecseeor han community law took primcy og the united kingdom domestic law . Ms smith managed to obtain a job working in a stockroom. Her predecessor happened to be a male and she unfortunately was paid ten pounds less than him for carrying out the same quality and standard of work. Ms Smith then claimed that this was against the law according under section one of the equal pay act 1970. ‘The company argued she had no claim because the UK 's Equal Pay Act 1970 did not allow comparisons with former colleagues. Ms. Smith argued that, if this was true under UK law, then European Community law did allow such a comparison, and it would override the UK statute’. The Court eventually sent through a reference regarding this case questioning whether European community law applied to a female replacing a male and the European court ruled that ECL did apply to this circumstance. As a result of this case Lord denning stated ‘Community law is now part of our law. And wherever there is any inconsistency, community law has priority. It is not supplanting English law, it is part of our law, which overrides any of the part which might be inconsistent with it” …show more content…
In the Factortame cases the European court of justice had to take a decision regarding whether it not judges within the United Kingdom are allowed to essentially ‘grant interim relief in proceedings where rights claimed under community law are at issue’. ‘This case was a case taken against the United Kingdom government by a company of Spanish fishermen who claimed that the United Kingdom had breached European Union law by requiring ships to have a majority of British owners if they were to be registered in the UK’. The Factortame cases were a sequence of legal proceedings that took place in the 1990s. These cases revolved around the United Kingdom breaching the European union law through their Merchant shipping act of 1988.It was claimed that the Merchant shipping act of 1988 was not compatible with EU law and it was argued that the UK must dismiss the act due to its lack of compatibility. A group of Spanish fishermen claimed that by requiring that ships should have a majority of British owners in order to be registered in the UK. The UK required that the ship must be at least 75% British owed and the first Factortame litigation was where the high courts and house of lords sought to understand whether this was legal and compatible with European community law and see if the interim relief for the act was applicable whilst the case was being dealt with. Just over a year later in