EU LAW AND DOMESTIC LAW WITHIN THE UK

Relationship between EU law and domestic law within the UK

Introduction

Apart from the English Parliament and common law, there are other major sources of legal rule-making that impact on English domestic law. These are the European Convention on Human Rights (ECHR) and European Union (EU) law.

In comparison with parliamentary legislation and common law, these sources are a recent development. In fact, both the ECHR and EU are just over 50 years old, having emerged as sources of legal rule making in the mid-twentieth century. This makes them relatively developmental when compared to the other sources of English law. Both these sources of European law emerged as a response to the events and aftermath of the Second World War in Europe and we will consider these influences as we look briefly at the history and development of the ECHR and EU. (Craig, 2007, pp.156)

The European Court of Justice

The role of the European Court of Justice is to ensure that EC legislation is interpreted and applied consistently in each EU member state. It has the power to settle disputes and impose sanctions. It may also be asked to clarify the meaning of an EU law. Cases may be brought by EU member states, EU institutions, businesses or individuals. The membership of the court has expanded with the growth of the EU itself.

The ECJ is composed of one judge for each EU member state. There is no system of precedent and judgments of the ECJ are decided by majority. Dissenting opinions are not given. (Hartley, 2003, pp. 106)

The Council of the European Union

The Council represents the interests of the individual member states and is seen as the legislative arm of the EU. It is composed of active representatives of the governments of the member states. Usually, these representatives are the departmental or junior ministers responsible for the matters under consideration at a specific Council meeting. This means that the Council itself, unlike the Commission, has no stable membership. Its membership varies depending upon the issues tabled for discussion at a given meeting. (Craig, 2007, pp .156)

For example, when items on the agenda of the Council meeting relate to pollution in the European rivers, the Council will meet as the 'Environment Council' and will be made up of departmental or junior ministers responsible in each EU member state for the environment. If the issues to be dealt with refer to the mutual accreditation and recognition of educational institutions among the EU member states, then the Council will meet as the 'Education, Youth and Culture Council' and be made up of departmental or junior ministers for education. The Council made up of the Foreign Ministers meets once a month and functions as a 'General Affairs and External Relations Council' dealing with general policy questions. Although the Council works within multiple configurations, it remains nevertheless one single institution. (Hartley, 1998, pp. 11)

Each minister of each EU member state who sits in the Council is answerable to his or her national ...