European Law & Its Effect on Britain
For many students living in
mainland Europe and spending euros, The European Union
is a part of everyday life. But for British people,
living on an island as we do – and sticking
resolutely to our pound – it might seem a little
more of an abstract concept. So just what aspects
of life in Britain have changed since our accession
to the European community in 1973? More than you would
think!
Many day-to-day issues are increasingly
being decided at the European level, with legislation
governing everything from the straightness of our
bananas to the air that we breathe. One of the most
noticeable changes for us - and one of the hardest
to swallow -has been our acceptance that the laws
made by the European institutions take precedence
over our own.
In the UK we have for centuries prided
ourselves on the fact that our Parliament is sovereign,
i.e. it is the supreme law giver in the country and
its decisions cannot be challenged in any court. However,
this is no longer strictly accurate. In a case called
Costa v ENEL that was taken to the European Court
of justice, it was said that: "Member states
[of the European Community] have limited their sovereign
rights ... and have thus created a body of law which
binds both their nationals and themselves." The
UK reluctantly acknowledged this in the European Communities
Act 1972, and parliamentary sovereignty in its full
glory became a thing of the past (and was replaced
by a watered down version); Parliament still claimed
to be sovereign, but wherever national law contradicted
Community law, the latter had to prevail. Some intrepid
Spanish fishermen floating in British waters in a
ship called Factortame brought the important case
that tested the theory and established the principle.
The practical effect which this has
had on British law has been profound. Community law
affects national law and UK citizens in virtually
all areas, with the one exception of property law.
A good example of this is the way LC law on sex discrimination
has had such a major impact on the interpretation
of English law, leading to fairer treatment for all.
In a case called Lisa Grant v South West Trains -
again, taken all the way to the European Court - a
woman was awarded compensation for discriminatory
treatment on the grounds of her sexual orientation.
These changes in legislation would likely have been
made by Parliament at some time in the future anyway,
but the European legislation acts as a catalyst for
Britain to bring their law into line with that of
the Community.
Two areas where Community law particularly
affects students wanting to study in Britain are the
key European Union objectives of free movement of
persons and freedom of establishment. Two cases concerning
students are of importance, neither of which were
brought in Britain, but which will dictate the way
the UK courts would rule if a similar case was brought
here. A case called Gravier v City of Liege said that
access to vocational training is a means of bringing
about free movement of persons. The practical effect
of this is that any member state which does not allow
citizens from other member states access to vocational
training in their country can have their decision
challenged in the European Court, and are likely to
lose.
On the subject of studying abroad, the
Community also runs several education programmes,
the best known of which is the Socrates/Erasmus scheme,
which promotes student mobility by developing degree
programmes with study in more than one member state.
It is commonplace now for British university students
to spend a year of their degree in another member
state, and also for British universities to host other
European students. The scheme has made studying abroad
more accessible to more people, and has been a great
success.
Access to education, however, cannot
be equated with support during education, as discussed
in the second case, Brown, where it was held that
the provision of maintenance grants for students is
at present outside the scope of the Treaty and remains
a matter of national, not Community competence. This
is where the Gravier principle is limited; there is
no right to equal treatment.
Education grants can be obtained, though,
where the person in question is already a worker in
the host state and has chosen to enter university
there, rather than, as in Brown, being a worker having
achieved that status solely through admission to university.
In the future, we can expect European
legislation and case law to continue to make changes
to almost everything which is governed by laws. It
is unlikely, however, despite certain predictions
to the contrary, that lawmaking in the UK will cease
and be left to bureaucrats in Brussels. However, knocking
daily on the door to the country is the issue of the
single European currency and our decision to postpone
joining. While other European countries are reaping
the benefits of a smooth transition towards a united
economic area, the only advantage to us at this stage
is needing the one currency if we’re holidaying
anywhere in the Euro zone. While that is convenient,
life would still be much simpler if we too had the
Euro. One might be forgiven for wondering whether
Britain hasn’t got on the Euro gravy train,
but missed the boat.
Author: Anna Riddell,
The Law Societies, Brussels
