1. Introduction: Why the European Dimension Matters
Glanville Williams explains that
modern British law cannot be fully understood without acknowledging the impact
of European legal institutions. He notes that the law is no longer shaped only
by Parliament and the courts of the United Kingdom. Instead, many areas are
influenced by European rules and decisions. Williams remarks that English
lawyers must accept that "European law forms part of our own law and may
override it"—a major shift from the older belief that Parliament is fully
sovereign in all matters.
Before Brexit, the UK’s membership
in the European Community (EC) meant that European law had direct effect in
national courts. Williams emphasises that European institutions had the power
to create laws that applied to all member states uniformly. This meant that
judges in the UK were often required to interpret domestic law in a way that
aligned with European principles.
2.
The European Community: Basic Purpose
Glanville Williams outlines the aim
of the European Community: to create economic unity among member states and to
remove trade barriers. The EC was not merely a trading bloc; it also gradually
developed into a wider legal and political framework. Williams explains that
the Community sought to create “a common market,” ensuring free movement of
goods, services, capital, and people.
To achieve this, the Community was
built on a system of institutions that could make rules binding on all member
states. Williams stresses that these institutions were not foreign bodies
interfering in national life; rather, they were part of a cooperative structure
to maintain equal standards across Europe.
3.
The Principal Institutions of the European Community
Williams gives a clear outline of
the major institutions that shape European law. Each plays a different role but
together form a balanced structure of law-making and supervision.
The
main institutions are:
·
Council
of Ministers
·
Commission
·
European
Parliament
·
European
Court of Justice (ECJ)
·
Court
of Auditors
4.
The Council of Ministers
Williams describes the Council of
Ministers as the primary decision-making body. It represents the governments of
the member states. The council is not a single fixed group. Instead, ministers
from each country attend depending on the subject being discussed—for example,
agricultural ministers when dealing with agriculture.
The Council passes regulations and
directives. These can have direct effect in member states. Williams notes that
the Council’s authority shows how European rules can “operate automatically
within national legal systems,” meaning they do not always require a special
Act of Parliament.
5.
The Commission
The Commission acts as the executive
arm of the European Community. Williams explains that it has two main duties:
·
To
propose legislation to the Council.
·
To
ensure that member states comply with European law.
The Commission can bring proceedings
before the European Court of Justice if a member state fails to follow
Community obligations. Williams highlights the Commission’s role as a “guardian
of the Treaties,” ensuring fairness and uniformity.
6.
The European Parliament
Although the early European
Parliament had limited legislative powers, Williams observes that it played an
important advisory and supervisory role. It reviewed proposals and questioned
other institutions. With time, it gained stronger democratic relevance because
its members were directly elected by citizens of member states.
Williams notes that the Parliament
provided a democratic voice within the European framework, ensuring that
European institutions were not purely bureaucratic.
7.
The European Court of Justice (ECJ)
Williams places special importance
on the ECJ because its decisions have direct implications for British courts.
He says that the ECJ is responsible for maintaining uniform interpretation of European
law across all member states. Without a central court, each country would
interpret European rules differently, leading to confusion.
The
ECJ ensures:
·
Treaties
are interpreted consistently
·
Regulations
and directives are enforced uniformly
·
National
courts have guidance on European issues
Williams notes that European law has
supremacy when a conflict exists between European rules and national
legislation. British courts must “give effect to Community law even if it
conflicts with an Act of Parliament”—a principle that was sometimes unsettling
for English lawyers.
8.
The Preliminary Ruling Procedure
One of the most important tools
described by Williams is the preliminary ruling procedure. National courts may
refer a question to the ECJ when they are unsure how to interpret a European
provision.
Williams
explains that:
·
Courts
of final appeal must refer questions of interpretation.
·
Lower
courts may refer if needed.
This mechanism ensures that European
law remains uniform across all countries. Williams emphasises that this is not
an appeal system; rather, national courts retain responsibility for deciding
the case. The ECJ only answers the question of interpretation. This system
builds a cooperative relationship between European and national courts.
9.
The Court of Auditors
Williams briefly describes the role
of the Court of Auditors. It examines the financial activities of the Community
to ensure that funds are properly used. While less famous than the ECJ, it is
essential for maintaining trust and accountability.
10.
Other Relevant Institutions
Williams also mentions several other
bodies connected to the Community’s work, such as advisory committees that
assist in technical or specialised areas. These institutions are part of the
broader administrative network that keeps the European system functioning
smoothly.
11.
European Sources of Law
European
law is made through several instruments:
·
Treaties,
which form the constitutional basis.
·
Regulations,
which have direct effect and are binding in their entirety.
·
Directives,
which bind member states but allow flexibility in implementation.
·
Decisions,
which apply only to specific individuals or states.
·
Recommendations
and opinions, which have no binding force.
Williams notes that these different
instruments have different legal effects. Regulations operate automatically.
Directives need national implementation, but if a state fails to act, citizens
may still rely on the directive in some circumstances. This is one of the
innovations that made European law powerful.
12.
Relationship between European Law and UK Law
Glanville Williams highlights a
major constitutional shift: the idea that Parliament is not completely supreme
in areas governed by European law. He stresses that once the UK accepted the
Treaty obligations, it also accepted the authority of the European legal
system.
He states that “Community law takes
precedence over national law”, and courts must apply it even where domestic
legislation appears contradictory. Williams acknowledges that this principle
was difficult for traditional English lawyers, who were used to thinking of
Parliament as the final authority.
The European system required judges
to take a more flexible and international approach. Williams believes this was
ultimately beneficial because it encouraged clarity, harmony, and cooperation.
13.
Conclusion: A New Legal Landscape
In closing, Williams argues that the
English legal system became deeply connected to European institutions. Lawyers
must understand how European mechanisms operate, how European rules are
created, and how the ECJ influences national courts. This “European dimension”
changed legal thinking, encouraged a broader outlook, and introduced a system
where international cooperation shapes domestic law.
The chapter stresses that
understanding modern law requires understanding the European framework, because
it provided structure, rules, and interpretations that no national system could
replace on its own.
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