Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
Words: 1,648 | Submitted: Tue Feb 19 2008
... Communities Act 1972. Section 2 (4) enacted a clause that legislation must be directly applicable to the European Community law. However this raised uncertainties in domestic law. During the times of uncertainties of section 2 of the European Communities Act 1972, the matter had been dealt with the House of Lords in the domestic courts in the Factortame litigation. Before the factortame litigation, in Macarthys Limited v Smith (1979)2, Lord Denning quoted 'to solve this problem I propose to turn first to the principle equal pay contained in the European Economic Community treaty for that takes priority even over our statute' since joining the European Union, the European Communities Act 1972 United Kingdom implemented its law which is based on case law and statute via this treaty. The quote from Lord Denning has acknowledged that community law is supreme. This was highlighted in the historical cases of the Factortame litigation. The ...
FREE access exchanged for your work, or pay £9.99