WHAT WERE THE POLITICAL REASONS FOR THE CREATION OF THE EU?
EUROPEAN LEADERS SOUGHT MECHANISMS TO BIND COUNTRIES TOGETHER TO PREVENT A 3RD WW. EU MEANT INTERDEPENDENCE MAKING WAR BOTH POLITICALLY AND ECONOMICALLY COSTLY. COLLABERATION WAS FOSTERED AND TRUST WAS REBUILT.
WHAT R THE 4 FREEDOMS OF THE SINGLE MARKET?
FREEDOM OF GOODS
FREEDOM OF SERVICES
FREEDOM OF CAPITAL
FREEDOM OF MOVEMENT
WHAT DID THE 4 FREEDOMS BOOST?
INDIVIDUAL FREEDOM FOR CITIZENS
REDUCED SKILLS GAP
UK EXPORTS AND IMPORTS
ACCESS TO FINANCE AND CREDIT FOR FIRMS
WHAT DID THE 4 FREEDOMS REDUCE?
ABILITY TO CONTROL IMMIGRATION
ABILITY TO SET OUR OWN REGULATIONS
ABILITY TO SIGN INDIVIDUAL TRADE DEALS
ABILITY TO CONTROL THE FINANCIAL SYSTEM
WHAT WAS THE SOCIAL CHAPTER?
PART OF THE MAASTRICHT TEEATY AND COVERED WORKERS RIGHTS, WORKING HRS AND OTHER LABOUR STANDARDS - REQUIRED MEMBER STATES TO IMPLEMENT EU WIDE RULES.
WHY WAS MAJOR RELUCTANT TO SIGN UP TO THE SOCIAL CHAPTER?
SIGNING UP MEANT TRANSFERRING LAW MAKING POWER OVER LABOUR STANDARDS TO THE EU - EUROSCEPTICS CLAIMED THAT IT WOULD’VE BEEN A LOSS OF SOVEREIGNTY - MAJOR FACED A DIVIDED TORY PARTY SO OPTED OUT TO TRY AND MAINTAIN UNITY WHILST AVSOIDING IMPOSING EU RULES SEEN AS POLITICALLY INTRUSIVE.
WHEN DID THE UK OPT INTO THE SOCIAL CHAPTER?
1997 UNDER BLAIR.
WHAT WAS THE FACTORTAME CASE?
FACTORTAME LTD CHALLENGED THE MERCHANT SHIPPING ACT 1998 ARGUING THAT THE ACT CONFLICTED WITH EU LAW ON FREEDOM OF ESTABLISHMENT AND NON-DISCRIMINATION - HOL THEN UK’S HIGHEST COURT REFERRED THE CASE TO THE ECJ WHICH RULED THAT EU LAW HAD SUPREMACY OVER CONFLICTING NATIONAL LAW SO UK COURTS HAD TO TEMPORARILY SUSPEND THE 1988 ACT TO COMPLY WITH EU LAW.
WHY WAS THE FACTORTAME CASE IMPORTANT?
SET AN IMPORTANT LEGAL PRECEDENT - PARLIAMENTARY SOVEREIGNT WAS LIMITED IN PRASCTICE BY EU MEMBERSHIP AS UK COURTS COULD OVERRIDE ACTS OF PARLIAMENT COVERED BY EU LAW - MAJOR SHIFT IN CONSTITUTIONAL UNDERSTANDING - SHOWED THAT SOVEREIGNTY COULD BE SHARED IN PRACTICE.
DID ALL EU LAW APPLY TO THE UK?
NO
UK SUCCESSFULLY NEGOTIATED OPT OUTS IN SEVERAL POLICIES MEANING EU LAW IN THESE AREAS DIDN’T AUTOMATICALLY APPLY E.G EUK DIDN’T ADOPT THE EURO AND OPTED OUT OF THE SCHENGEN AREA MEANING THAT THE UK RETAINED BORDER CONTROLS -SHPWED THAT EU LAW SUPREMACY WAS CONDITIONAL BASED ON PARLIAMENTARY APPROVAL.
