European Communities Act 1972 (UK)
Encyclopedia
The European Communities Act 1972 (c. 68) is an Act
of the Parliament of the United Kingdom
providing for the incorporation of European Community law into the domestic law of the United Kingdom
. It is not to be confused with the Irish law of the same name, Act No. 27 of 1972
, which had the same purpose in the Republic of Ireland
.
(or 'European Communities
' as then termed) it enables under section 2(2) for Government ministers to lay regulations before Parliament to implement required changes to UK law (for example, Decisions of the European Court of Justice
and EU Directives). It also provides in section 2(4) that all UK legislation, including primary legislation (Acts of Parliament) shall have effect "subject to" directly applicable
EC Law. In the famous Factortame case, the House of Lords
(Lord Bridge
) has interpreted this provision as inserting an implied clause into all UK statutes that they shall not apply where they conflict with European law, in what was seen as a major departure from the English constitutional doctrine of Parliamentary Sovereignty
(see Factortame: Sovereignty and the EU).
The repeal of this Act would leave European Union law unenforceable in the UK, but the UK would still be bound by treaty obligations to the European Union.
but so that sections 10 and 11, except section 10(4), do not apply.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
providing for the incorporation of European Community law into the domestic law of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It is not to be confused with the Irish law of the same name, Act No. 27 of 1972
European Communities Act 1972 (Ireland)
The European Communities Act 1972 is an Act of the Oireachtas which incorporated the Treaty of Rome and the laws of the then European Communities into the domestic law of the Republic of Ireland...
, which had the same purpose in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
.
Overview
The primary significance of the EC Act 1972 is that (apart from being the instrument whereby the UK was able to accede to the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(or 'European Communities
European Communities
The European Communities were three international organisations that were governed by the same set of institutions...
' as then termed) it enables under section 2(2) for Government ministers to lay regulations before Parliament to implement required changes to UK law (for example, Decisions of the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
and EU Directives). It also provides in section 2(4) that all UK legislation, including primary legislation (Acts of Parliament) shall have effect "subject to" directly applicable
Direct effect
Direct effect is the principle of European Union law according to which provisions of Union law may, if appropriately framed, confer rights and impose obligations on individuals which the courts of European Union member states are bound to recognise and enforce...
EC Law. In the famous Factortame case, the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
(Lord Bridge
Nigel Bridge, Baron Bridge of Harwich
Nigel Cyprian Bridge, Baron Bridge of Harwich PC was a British barrister and judge. Bridge was the presiding judge at the trial of the Birmingham six in 1975, the verdict of which was quashed by the Court of Appeal in 1991, and he later served as a Law Lord.-Early and private life:Bridge's father...
) has interpreted this provision as inserting an implied clause into all UK statutes that they shall not apply where they conflict with European law, in what was seen as a major departure from the English constitutional doctrine of Parliamentary Sovereignty
Parliamentary sovereignty
Parliamentary sovereignty is a concept in the constitutional law of some parliamentary democracies. In the concept of parliamentary sovereignty, a legislative body has absolute sovereignty, meaning it is supreme to all other government institutions—including any executive or judicial bodies...
(see Factortame: Sovereignty and the EU).
The repeal of this Act would leave European Union law unenforceable in the UK, but the UK would still be bound by treaty obligations to the European Union.
Section 11 - Community offences
Section 11(2) appears to implement Article 194 of the Treaty Establishing the European Atomic Energy Community done at Rome on 25 March 1957. It must be construed and the Official Secrets Acts 1911 to 1939 have effect, as if it was contained in the Official Secrets Act 1911Official Secrets Act 1911
The Official Secrets Act 1911 is an Act of the Parliament of the United Kingdom. It replaces the Official Secrets Act 1889....
but so that sections 10 and 11, except section 10(4), do not apply.