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Last Updated: Monday, 22 November, 2004, 16:37 GMT
EU Membership and the UK
Unit 6D: International Politics and the UK
Simon Lightfoot
Lecturer in European Studies at Liverpool John Moores University writes for BBC Parliament

The EU's flag
Britain often bows to the bright light of Brussels' legislation

UK membership of the EU since 1973 has had a significant impact on the UK political system.

Most importantly, EU law takes precedence over UK law.

Therefore laws passed by Parliament, including most famously the 1988 Merchant Shipping Act, which conflict with EU law, are illegal.

This situation clearly contradicts the main principle of the UK constitution that Parliament is sovereign.

ALSO IN THIS SECTION: Unit 6D - International Politics and the UK

National judges therefore, have a higher court, the European Court of Justice, to whom they can refer suspected infringements of EU law.

Finally, under the constitution, ratification of a Treaty falls under the Royal Prerogative. This means that an Act of Parliament is only needed where the provisions of the Treaty are intended to have the force of law in the UK.

Europeanization of the British politics

EU membership has had a significant impact upon the work of government. The prime minister is regularly involved in European Council or Summit meetings with other EU leaders.

Members of cabinet take part in monthly Council of Ministers meetings.

For example, Margaret Beckett, as the minister with responsibility for agricultural issues, via Defra, represents the UK on the Agricultural Council.

The importance of the EU created a need to establish permanent UK representation in Brussels to assist with the monitoring and formulation of EU law.

These civil servants work closely with their colleagues back in London to ensure the views of the UK Government are heard.

Finally, the Civil Service, along with Local Government, is responsible for implementing EU directives.

Democratic deficit

Critics argue that the fact that the PM or cabinet ministers make EU law in secret in these meeting weakens the scrutiny function of Parliament as it only has the power to approve or reject EU legislation coming into force in the UK.

However, since the Treaty of Amsterdam (1997) all national parliaments must now receive all Council documents six weeks before discussion in the Council. This provides Parliament with the option, via its committees to properly scrutinise and hold the executive to account.

The UK Government retains sovereignty over most areas of public expenditure-social security, health, housing and transport.

But in areas of single market regulation and even macroeconomic policy it is severely constrained by EU membership.

Struggle over the Euro

Both main political parties have internal divisions over the future direction of European integration, especially over the question of whether or not the UK should join the Euro.

This division also affects pressure groups.

For example, some business groups, such as the Confederation of British Industry, generally support the UK joining the Euro whilst others, such as the Institute for Directors, generally oppose membership.

Trade Unions are similarly divided on the issue.

EU membership is one of the main reserved powers of Westminster. This means that the Scottish Parliament and the Welsh and Northern Irish Assemblies have had a limited engagement with the EU.

The main impact is that these assemblies are now responsible for implementing EU law where they have competence.

The impact of the EU on British politics and government is huge.

� Dr Simon Lightfoot 2003



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