Page 1 of 10
Arguments suggesting Parliament has lost sovereign
In areas where the EU has competence e.g. competition, trade, agriculture etc, EU law takes primacy over UK law.
1) The often quoted example of the European Court of Justice striking down an Act of Parliament is the Factortame Case (1990) whereby a Spanish fishing company was successful in arguing that they were being illegally denied access to UK waters. This was due to the fact that Britain, in 1986, signed into law the EU's Single European Market.
2) In 2008, the ECJ ruled that British disability law needed to change in the Coleman case because it didn't meet EU directives on discrimination of disabled carers.
The EU's powers have been further extended by increased use of qualified majority voting. Further sovereignty has been eroded since most decisions are made by unelected bureaucrats in the European Commission.
Improve your grades now
Find this resource useful?
Did you know repeated testing doubles the amount of information you can recall in an exam?
Learn faster and more effectively with Get Revising premium.
Get access to this and 1000s more study tools for £4.99