3.1.2.5 The European Union

Constitution, sovereignty and referendums

  • Merchant Shipping Act 1988
    • Prevented foreign vessels fishing in British waters
    • In conflict with EU Common Fisheries Policy
    • R (Factortame Ltd) v Secretary of State for Transport: Spanish fishermen, judicial review
      • ECJ held that Act was incompatible with EU law
      • HoL confirmed primacy of EU law

Key themes and aims of the EU

  • Four freedoms:
    • movement of people
    • movement of services
    • movement of capital
    • movement of goods
  • Wider aims include
    • peace and stability
    • promotion of economic growth across member states
    • promotion of individual rights and freedoms
    • integration into an “ever closer union”