Nobody downloaded yet

Factortame - Essay Example

Comments (0) Cite this document
Summary
The laudable aims of free trade and environmental protection often run afoul of one another, as policies and laws that seek to favor one tend to hamstring the other. These two aims collided in the Factortame case, because the European Union's Common Fisheries Policy, which had been established in 1970, sought to open access to fishing waters within the EU to all member states…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.5% of users find it useful
Factortame
Read TextPreview

Extract of sample "Factortame"

Download file to see previous pages 101).
This decision seriously threatened the livelihood of Factortame Limited, whose Spanish directors had re-registered 53 Spanish-registered boats as British boats, and also purchased 42 British-registered boats, for a fleet of almost 100 fishing boats to use in UK waters. When the Merchant Shipping Act 1988 was passed, Factortame sought to have a British court overturn it, because it violated the Common Fisheries Policy, and legal principle held that Community law held sway over national law. This had been set as precedent by the ECJ in Costa v. ENEL in 1964 (Drewry, p. 101), but that did not stop the Court of Appeal and the House of Lords make Factortame seek remedy in the ECJ before starting the process on British soil. The Factortame received far more publicity than did Costa, and it brought home to the British public a fact that had been clear to the British legal community for some time: that, in many ways, British sovereignty had been changed as soon as the British government acceded to membership in the EC (Oliver p. 2). Over time, the British courts have moved to make this change a reality through case law. In the instance of Factortame, the court invalidated provisions that were contradictory to European law, and precedents over time have altered the doctrine of implied repeal. Other changes have included an alteration in the common law presumption of compliance between British statutes and international law, as well as a change in the way that the common law of remedies works, so that it dovetails with European requirements (Oliver, p. 1).
Much press has been given to the ways that the European Union has allegedly attempted to rob its member countries of their individuality by instituting regulations in a number of silly ways. According to an editorial in the New York Times, a large urban mythology about this has grown up:
The European Union has long tried to dispel myths that its zealous bureaucrats are trying to impinge on national cultures in their bid to harmonize standards in the world's biggest trading bloc. Such myths have included that cucumbers sold in the European Union must not arch more than 10 millimeters for every 10 millimeters of length; that it is against health rules to feed swans stale bread; and that Brussels had decided that shellfish must be given rest breaks and stress-relieving showers during boat journeys over 50 kilometers long." (European Union).
Since the Factortame case came well after the Costa case, which was the groundbreaking precedent in establishing the supremacy of European law over national law, it is interesting that it was this case that attracted such attention in the public arena. As Gavin Drewry points out, the case of Factortame was much less of an earthquake in legal circles than it was in public opinion, because relevant precedent had been set almost fifteen years before, and the legal community was accustomed to seeing British statutes get set aside when they came into conflict with European law. The timing of Factortame was what made the case such a significant event in the public arena: it occurred during Prime Minister Thatcher's Conservative ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Factortame Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/politics/1506904-factortame
(Factortame Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/politics/1506904-factortame.
“Factortame Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/politics/1506904-factortame.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Factortame

The UK Now Needs a Written Constitution

...may acquire the power to decide or enforce fix tenure parliaments5 or command how a minister should behave overriding the directives of the already existing Ministerial Code.6 7 Britain’s integration in the European Union is another important issue in this sphere. Presently, Britain has a highly undefined relationship with the EU, since the unwritten constitution provides it with an opportunity of not codifying the fundamental tenets of its foreign policy. In the case R. v Secretary of State for Transport Ex. p. Factortame (No. 2)8, the House of Lords did not effectively clarify the legal dimensions of the relationship between the British and EU legal practices. With relation to this case, the position of the UK merchant...
4 Pages(1000 words)Essay

EU law

...that the courts found within the member states of the European Union had the ability of implementing their national legislations in the event that there were unimplemented European directives11. (b) The terms of the national law compared with the terms of the EU measure: In the case of Wagner Miret v Fondo De Garantia Salarial Case 334/92 [1990], the European courts argued that nobody could be protected by national laws in the event that a European directive called for prosecution12. 1. The FACTORTAME III TEST (a) What is the test? According to the joint cases between Brasserie du Pecheur SA v Germany and R v Secretary of State for Transport ex parte Factortame (Factortame III), the...
3 Pages(750 words)Essay

Constitutional and Administrative Law (Parliament Sovereignty in UK)

..., in specific the European Court of Justice (ECJ) that suggests the supremacy to carried out judicial assessment over the United Kingdom law. In this scenario, an unfavorable establishment by the ECJ that a United Kingdom decree is conflicting with the EC Treaties mechanically rescinds the law, because the European Communities Act 1972 offers that European Community decree is sovereign in Britain. An example of this in connection to a law, the Merchant Shipping Act 1988, was the Factortame case. The European Community Act has been considered as a constitutional law. In the case of Thoburn V Sunderland City Council, the Weights puts on leash the impact of parliamentary supremacy, as the ECA must be explicitly repealed for...
9 Pages(2250 words)Essay

European Union Law Degree Case Study

.... Individuals can insist on the enforcement of a Directive. This applies even though the Directive has a horizontal direct effect limitation, which hinders its enforcement. In Francovich, the ECJ had established this principle. It also held that Member States will have to pay compensation for damages or losses to individuals under the concept of state liability, if they failed to implement a Directive5. The ECJ had further extended the scope of this decision in the subsequent joint cases of Brasserie de P'cheur6 and R v Secretary of State for Transport, ex parte Factortame (No. 4)7. The ECJ held that individuals who sustained loss could demand compensation from the Member State if it failed to implement the EC Law. This...
8 Pages(2000 words)Case Study

Development of Professional Policing

8 Pages(2000 words)Essay

Membership of the European Unoin is not the only challenge to the traditional view of the supremacy of the UK Parliment, but it is the only one that seriously undermines that traditional view. Discuss

.... But, the supremacy is being challenged by other external issues, with which UK became voluntarily associated. That is, some actions of external bodies like European Union (UK holds membership of it) and its court is undermining the powers as well as the laws issued by the UK Parliament. So, mainly due to its European Union membership, UK Parliament has faced and is also facing a lot of challenges in the form issues like the Factortame case and the EC Act 1972. Actually, these issues along with the membership issues are only threatening the supremacy of the parliament. But, among these various issues, the European Union membership issue appears to be the only challenge to the supremacy of UK Parliament, as it is the...
6 Pages(1500 words)Essay

The Traditional View of the Legal Supremacy of the United Kingdom Parliament

...in dealing with the legitimacy of statutes, enacted by Parliament was clearly exhibited in Ex Parte Canon Sewyn (Ex Parte Canon Sewyn) and Pickin v British Railways Board (Pickin v British Railways Board). The Factortame case challenged this sovereignty and compelled the English courts to suspend legislation that had been enacted by Parliament in due course. As such the Factortame case proved to be a major blow to the constitutional provisions of Parliamentary sovereignty. In R v. Secretary of State for Employment (R v Secretary of State for Employment, ex p. Equal Opportunities Commission); the House of Lords, on the basis of the Factortame decision, adopted a much more liberal...
6 Pages(1500 words)Essay

Public Law (LLB) Factoortame judgement

...Parliamentary Sovereignty and the Decision in Factortame The Factortame judgment effectively disapplied legislation that conflicted with EC law1. The UK Merchant Shipping Act 1988, disallowed Spanish companies from fishing in British waters. Since, this act breached EU law, the House of Lords suspended it2. The disapplication of an Act of Parliament entrenched the supremacy of EC Law over UK law; in compliance with the European Communities Act3. Section 2(1) of the ECA requires EC Law to be incorporated into national law, without any further enactment by the Member State4. The unconditional revocation of section 2(4) of the ECA is precluded by section 2 of the very same act; which treats legislation that...
4 Pages(1000 words)Essay

Our constitution is dominated by the sovereignty of Parliament. But parliamentary sovereignty is no longer, if it ever was, absolute It is no longer right to say that [Parliaments] freedom to legislate admits of no qualification whatever. Step by st

...Thus Parliament enjoys sovereignty; and the UK constitution, does not provide for any mechanism that can declare an Act of Parliament invalid. Subsequent to procuring membership in the European Union (EU), the UK had to render its domestic law subordinate to EU Law. For instance, the House of Lords ruled that an Act of the UK Parliament was in breach of EU law, and declared it to be inapplicable. This was on the basis of the ruling of the European Court of Justice (ECJ) in Factortame II.7 This decision required the UK to incorporate the provisions of EU Law into its domestic law. As such, Parliamentary sovereignty has been rendered subservient to EC Law. Furthermore, the Human Rights Act 19988 of the UK ostensibly,...
8 Pages(2000 words)Essay

Critically examine the European Court of Justice (ECJ)s concept of supremacy of EC Law with the aid of case examples

...and states that Parliament is at liberty to derogate from Community law (Thoburn, 2002). In Factortame (1990) the ECJ ruled that national courts must provide interim relief if that meant disregarding domestic law and giving effect to Community law. The fact is, national courts are required to give full effect to Community law. Therefore Lord Bridge’s comments in the House of Lords are particularly enlightening with respect to the ECJ’s interpretation of the supremacy of Community law. Lord Bridge, observed that if the supremacy of Community law was not established or implied by virtue of the EC Treaty, “it was certainly well established in the jurisprudence of the ECJ” (R v. Secretary of State, ex parte...
4 Pages(1000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Factortame for FREE!

Contact Us