European Communities Act 1972 (UK) - Overview

Overview

The primary significance of the EC Act 1972 is that (apart from being the instrument whereby the UK was able to accede to the European Union (or 'European Communities' as then termed) it enables under section 2(2) for Government ministers to lay regulations before Parliament to implement required changes to UK law (for example, Decisions of the European Court of Justice and EU Directives). It also provides in section 2(4) that all UK legislation, including primary legislation (Acts of Parliament) shall have effect "subject to" directly applicable EC Law. In the famous Factortame case, the House of Lords (Lord Bridge) has interpreted this provision as inserting an implied clause into all UK statutes that they shall not apply where they conflict with European law, in what was seen as a major departure from the English constitutional doctrine of Parliamentary Sovereignty (see Factortame: Sovereignty and the EU).

The repeal of this Act would leave European Union law unenforceable in the UK, but the UK would still be bound by treaty obligations to the European Union.