Post by R. Mark ClaytonPretty big assignment.
Post by Geoff ReynoldsCan anyone help clarify for me how these two entities differ in their
impact
Post by Geoff Reynoldson the english legal system?
European Community Law;
Mostly affect commerce, health and safety etc. Each individual directeive
has to be brought into UK / English law to have effect, so there is always a
statute / SI / Regulation to rely on.
EU law also has Regulations that are directly effective without
further national legislation. And Directives are effective when
public bodies are involved even if they have not been transposed into
national laws. If a national law is incompatible with EU law the
national law remains but has to be "disapplied" by the courts.
National courts can refer cases to the Court of Justice of the
European Communities (often called the European Court of Justice) in
Luxembourg to obtain a ruling on points governed by EU laws.
Post by R. Mark ClaytonPost by Geoff ReynoldsPrinciples derived from the European Convention on Human Rights
The UK signed up to this a few years ago (and has been back sliding ever
since). In principle the ECHR over-rides UK legislation that contravenes
the rights in it.
Except that unlike with EU law a court has to intepret national laws
in the way most compatible with the convention - it cannot disapply
the national law. They can however issue a declaration of
incompatibility if the national law cannot be interpreted in a
convention-compliant manner. Once such a declaration has been made an
accelerated parlimentary procedure is available to pass amending
legislation to remove the incompatibility.
Post by R. Mark ClaytonIt can be tried in UK courts and appealed to a European
Court.
To the European Court of Human Rights in Strasbourg which, being a
creation of the Council of Europe, has absolutely no connection with
the European Union.
Post by R. Mark ClaytonMany EHCR principles already existed in English law e.g. Habeas Corpus,
freedom of assembly etc.
Hardly surprising since the ECHR was in the main drafted by British
lawyers.
jb