UK Constitution and the European Union

UK Constitution and the
European Union
Treaty of Rome 1957
Established the European Economic

Community (EEC)
• Common market
• Customs union
• Common policies
• Expansion of trade
• Fair competition
Treaty of the European Union 1992
(Maastricht Treaty)
• EU replaced EC
• Facilitation of free movement of:
-persons
-capitals
-services
Treaty of Amsterdam 1997
Introduced:
• Liberty and democracy
• Human rights and fundamental freedoms
• Rule of law
The Three Pillars
First Pillar
• Free movement of people
• Free movement of goods and capital
• Judicial cooperation in civil law matters

The Three Pillars
Second Pillar
Common Foreign and Security Policy (CFSP)
• Preservation of peace
• Strengthening international security
• Promoting international cooperation
• Further develop and protect human rights
and fundamental freedoms
The Three Pillars
Third Pillar
Police and judicial cooperation in criminal

matters
See e.g European Arrest Warrant (EAW)

Structure and Institutions
European Council
• President of the European Council
• Heads of states/governments from MS
• President of the European Commission
• EU’s High Representative for CFSP

EU Parliament
• The only directly elected EU body
• MEPs elected every five years in each on the

27 Member State
• Around 754 MEPs represent around 500

million EU citizens.
Court of Auditors
• Oversees EU funds and expenditure
• Ensures EU taxpayers get value for money
• Has the power to audit any individual or

organisation handling EU funds
European Court of Justice (ECJ)
Determines matters of EU law in relation to:
• EU governments
• EU institutions
• Individuals and EU law
• Companies and EU law

UK Constitution and EU Law
Post-legislative referendum on EC membership

(1975)
European Communities Act 1972 incorporated

the Rome Treaty 1957
European Communities Act 1972
Sec. 2 (1)
British courts must give effect to certain laws

made by European bodies.
Sec. 2 (4)
Allows courts to interpret domestic legislation

so that it complies with EC (now EU) law unless
Parliament expressly legislate contrary to
Community law
Sec. 3
UK courts must follow decisions of the ECJ

Case law examples
Van Gend en Loos (1962) ECJ
New legal order giving rights to individuals and
companies
Costa v ENEL (1964) ECJ

“Member States have limited their sovereign
rights and have created a body of law which
binds their nationals and themselves”
Case law examples
Garland v British Rail Engineering [1983] HL
‘Rule of construction’ used to give effect to ECA

1972
Case law examples
R v Secretary of State for Transport, ex parte

Factortame Ltd (No.1) [1989]
In cases concerning Community law, a

domestic court which considers that the only
obstacle which precludes it from granting relief
is a rule of national law, must set aside that
rule.
Case law examples
Thoburn v Sunderland City Council [2003]
The court acknowledged a hierarchy of laws by

making a distinction between ‘ordinary’ and
‘constitutional’ statutes.
‘Constitutional Acts’ can only be repealed if

Parliament expressly provided that it intended to
do so.
Lisbon Treaty 2007
• Constitution of Europe
• Consolidates all EU treaties
• Extends the powers of:

- The European Council
- The ECJ
• Changes the powers of the EU Parliament

Lisbon Treaty 2007
• Introduces the ‘Citizens Initiative’
• EU Charter of Fundamental Rights (see UK

protocol)
• ECHR rights and Freedoms constitute general

principles of EU law (Art. 8(2))
• Changes rules of membership withdrawal

Sec. 2 (1)
Treaties amending TEU must be ratified by
Parliament (through an Act of Parliament)
Sec. 2 (2)
Referendum conditions
Sec. 4
Cases where treaties or Art. 48 (6) decision

attract a referendum
European Union (Withdrawal) Act 2018
Sec. 1 - Repeal of the European Communities

Act 1972 =
The European Communities Act 1972 is repealed
on exit day.
Sec. 2 (1) – Saving for EU-derived domestic

legislation = EU-derived domestic legislation, as
it has effect in domestic law immediately.
Sec. 3 (1) – Incorporation of direct EU
legislation= Direct EU legislation, so far as
operative immediately before exit day, forms
part of domestic law on and after exit day.
Sec. 6 – Interpretation of retained EU law

UK Constitution and the European Union

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UK Constitution and the

Established the European Economic

• Facilitation of free movement of:

• Liberty and democracy

• Human rights and fundamental freedoms

• Free movement of people

• Free movement of goods and capital

• Judicial cooperation in civil law matters

Common Foreign and Security Policy (CFSP)

Police and judicial cooperation in criminal

See e.g European Arrest Warrant (EAW)

• President of the European Council

• Heads of states/governments from MS

• President of the European Commission

• EU’s High Representative for CFSP

• MEPs elected every five years in each on the

• Around 754 MEPs represent around 500

• Oversees EU funds and expenditure

• Ensures EU taxpayers get value for money

• Has the power to audit any individual or

• Individuals and EU law

• Companies and EU law

Post-legislative referendum on EC membership

European Communities Act 1972 incorporated

British courts must give effect to certain laws

Allows courts to interpret domestic legislation

UK courts must follow decisions of the ECJ

Costa v ENEL (1964) ECJ

Garland v British Rail Engineering [1983] HL

‘Rule of construction’ used to give effect to ECA

R v Secretary of State for Transport, ex parte

In cases concerning Community law, a

The court acknowledged a hierarchy of laws by

‘Constitutional Acts’ can only be repealed if

• Consolidates all EU treaties

• Extends the powers of:

• Changes the powers of the EU Parliament

• EU Charter of Fundamental Rights (see UK

• ECHR rights and Freedoms constitute general

• Changes rules of membership withdrawal

Cases where treaties or Art. 48 (6) decision

Sec. 1 - Repeal of the European Communities

Sec. 2 (1) – Saving for EU-derived domestic

Sec. 6 – Interpretation of retained EU law

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