ENGLISH LEGAL SYSTEM EX PARTE FACTORTAME

English legal system ex parte factortame

English Legal System Ex parte Factortame

The case Ex parte Factortame was in fact the factortame litigation that led to several decisions that made a landmark in the history of both the UK and the EU. An important aspect of this law was that it determined the supremacy that the EU was enjoying in areas where it had a lot of dominance. This is because the law of the EU over took precedent on the British law. The final decisions came after a 10 year long battle that constituted various judgments. It led to the several issue seeing rose. These have remained the source of an important debate all over the EU. Two of these most important decisions came out to be known as the Factortame. These were issued in the year 1990 and the year 1991 (www.publications.parliament.uk).

The common fisheries policy of the EU initiated in the year 1990. It had the aim of making a common market where the products of fisheries could be provided. This was too made sure by allowing the members state a free access to the waters. Along with this, structural funds were also to be introduces for ensuring the modernisation of this sector. The main decision was reached when it was decided in 1976 that from the start of the next year, the member states would be able to extend their fishing limits to 370 km from the place of their coastline. 1980, an agreement was reached with Spain and it was allowed limited rights for fishing in the waters of the other member states. However, this led to some concerns being cited, and an eventually resulting in EU introducing the concept of “total allowable catches.” This meant that now there was a maximum limit to which fishes could be caught by the states (www.publications.parliament.uk).

From the start if the 1980 onwards, the Spanish fishermen starting infiltrating the UK fishing waters. The British government reacted by attempting to put an end to this practice. They started enacting a series of measures for controlling this, but however, they proved to be worthless (www.europarl.europa.eu/).

The argument forwarded by the British government was that registration requirement was meant to imply that those fishing vessels that had a British flag were only linked to the UK. It required that the international law was entitling the states to determine when a ship ...