Influencing law

With the passing of the European Communities Act (1972), European law became a major building block in English law.

European Community law has a higher legal status than domestic law. This means that the UK Parliament - and the parliaments of other EU member states - cannot make decisions that undermine agreements made at a European level. Although this appears to undermine parliamentary sovereignty, Parliament retains the right to repeal the 1972 Act which made the UK a member of the EU and therefore to leave the jurisdiction of the EU.

European law comes in a variety of forms:

  • Treaties: These are high level agreements between EU member states. They set out 'constitutional' developments, covering the broad rules governing the functioning of institutions, their competencies and the decision-making process. The key EU treaties in the development of the EU include: The Treaty of Rome (1958), the Single European Act (1986), the Treaty of Maastricht (1991), the Treaty of Amsterdam (1997) and the Treaty of Nice (2000). An intergovernmental conference is due to be completed by the end of 2007 to agree a new 'Reform Treaty' amending the existing treaties. This follows on from the unsuccessful French and Dutch referendums on the Treaty establishing a Constitution for Europe.
  • Regulations: These instruments have direct effect in all EU member states. They tend to be used in areas in which the European Union has a large degree of competence, such as agriculture or competition policy. They are general and binding, so must be observed in full.
  • Directives: These instruments apply to all member states but have to be transposed into national law, thus leaving the precise details to each member state. The internal market of the EU has largely been put in place through the use of directives.
  • Decisions: Decisions are usually administrative rather than legislative and are addressed to specific parties - for example, enforcing some aspect of competition policy, or authorising grants from the regional funds .


    • The Law Society's work in Europe