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EC LAW ASSIGNMENT Gary Slapper states that ever since the UK joined the European Community it has progressively but effectively passed the the power to create laws which have effect in this country to the wider European institutions suchSlapper99 P33 So in all practical terms the UKs legislative executive and judiciarys powers are in the main controlled by and operated within the framework of the European community laws The increasing importance of Uk judges to consider the issues and principles of EC Law is clearly evident now as regards such issues as human rights and employment rights National Judges must consider the practical realities that they must abide by EC rules regarding four areas of 1 Direct Applicability2Direct Effect and that3EC Law following the case of Costa v Enel 1964 prevails over the national laws of each member state Lastly 4 that in coming to a decision the National judge has the option to request a preliminary hearing under Art177 from the European judiciary on a national legal dispute It is these four areas that must be looked at in by the national judge when they are considering a case With the fact that regulations are directly applicable under Art189EC to all member states and that the UK has adopted the Monist stance ie Community Law automatically becomes UK law then judges have little option in some areas of law but to follow Ec lawsTreaties This comes via the European Communities Act 1972S2 and is affirmed in Ec case law 3473 Variola 1973National judges must also consider that Ec directives are part of domestic law and thus have legal existence even before their confirmation into national law National judges must also consider that Ec Law regarding matters that come before the domestic courts is also Directly Effective involving treaties and it enforces rights and duties for Ec nationals which can be enforced in domestic courts This was established in the
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