- Peter Leyland
- and Gordon Anthony
This chapter examines the public law implications of UK membership of the European Union (EU). It concentrates on the demands that EU law makes of the legal systems of member states and the particular effect those demands have had within the specific context of the UK. The doctrines of direct effect and supremacy are set out to explain how EU law comes to apply in member states. The chapter proceeds to discuss the general principles of EU law under the headings of proportionality, equality, and legitimate expectation. These are principles which are also of central relevance to domestic administrative law and they are discussed at length in subsequent chapters. The remedies available under EU law are also considered as part of the chapter. Finally, the doctrine of parliamentary sovereignty is discussed in the light of the qualifying provisions of the European Communities 1972 and the impact of relevant case law including Factortame, Thoburn, HS2, and Pham. Consideration is also given to the impact of the European Union Act 2011 and the role of the Charter of Fundamental Rights of the European Union.