Introduction:
The relationship between the UK legal system and European Union law has been complicated since the UK joined the European Economic Community in 1973. This journal will explore the impact of European Union law on the UK legal system over the years, from the UK’s accession to the EU in 1973 to its exit in 2020.
Impact on UK Law before Maastricht Treaty:
In the 1970s, the influence of EU law on UK law was limited as the UK’s role in the EU was still evolving. However, the ECJ started to establish its supremacy over national law by developing the doctrine of direct effect. This gave individuals the right to rely on EU law before UK courts, even if it conflicted with national law. This led to a series of significant cases such as Van Gend en Loos, which established the principle of direct effect of EU law in the UK legal system. It was followed by Costa v ENEL, which endorsed the doctrine of supremacy of EU law over national law.
Impact on UK Law after Maastricht Treaty:
The Maastricht Treaty was a turning point in the relationship between the UK legal system and EU law. The Treaty created the EU and introduced new areas of EU law, such as the Common Foreign and Security Policy, and Justice and Home Affairs. The Treaty also established the European Court of Justice as the final arbiter of EU law.
The Treaty also gave individuals the right to seek remedies for breaches of EU law, which led to an increase in litigation in UK courts involving EU law. The UK government introduced the Human Rights Act in 1998, which incorporated the European Convention on Human Rights (ECHR) into UK law. This meant that UK courts had to interpret legislation in accordance with the ECHR, which led to a significant impact on UK law.
Impact on UK Law after Lisbon Treaty:
The Lisbon Treaty further extended the areas of EU law within the UK legal system. The Treaty also created a legal personality for the EU and an enhanced role for the European Parliament. It also introduced the Charter of Fundamental Rights of the European Union, which provided a common set of fundamental rights across Europe.
The Lisbon Treaty also introduced the concept of differentiated integration, which allowed EU member states to integrate at different speeds and in different policy areas. This led to the creation of the Eurozone and the Schengen Area, which the UK chose not to participate in.
Brexit and the Impact on UK Law:
The UK’s decision to leave the EU has had significant implications for the UK legal system. The UK has had to replace the EU legal framework with new domestic legislation. The UK government introduced the European Union (Withdrawal) Act 2018, which retained EU law in UK law at the point of exit from the EU. This meant that EU law will continue to influence the UK legal system until it is amended or repealed by new domestic legislation.
The UK is also negotiating a new relationship with the EU, which will determine the future relationship between the UK legal system and EU law. The UK government has expressed a desire to have a new relationship based on cooperation and equivalence, but the precise details are yet to be agreed.
Conclusion:
In conclusion, the impact of EU law on the UK legal system has been significant since the UK joined the EU in 1973. EU law has had an impact on UK law in areas such as direct effect, supremacy, the incorporation of the ECHR, and the Charter of Fundamental Rights. The UK’s decision to leave the EU has led to significant changes in the UK legal system, and the UK’s new relationship with the EU will determine the future influence of EU law on the UK legal system.