The Paramountcy of EU Law Over National Law. The Extent to which Lyon's Statements Reflect on the Relationship between EU and Domestic Law within the UK and Candidate States such as Albania

AuthorErbi Ago
PositionTirana Business University
Pages67-72
ISSN 2410
-3918 Academic Journal of Business, Administration, Law and Social Sciences Vol 1 No 1
Acces online at www.iipccl.org
IIPCCL Publishing, Tirana-Albania
March 2015
The Paramountcy of EU Law Over National Law
The Extent to which Lyon’s Statements Reflect on the Relationship between EU
and Domestic Law within the UK and Candidate States such as Albania
Erbi Ago, GDL, LPC.
Tirana Business University
Abstract
As we live in a world that is becoming ever more globalized, it is unavoidable to consider the
effect supranational entities and globalizatio n itself have on the national sovereignty of the state.
The EU is probably the most well-known example of a supranational entity and as such it cannot
help but bring about a number of sides regarding its power over its members. There are many
that would claim the EU has undermined national sovereignty, especially when it comes to the
legal sphere. The issue at hand has been addressed by scholars such as Dr. Anne Lyon and this
paper is a direct analysis of her statement regarding paramountcy. In summation, Lyon has
stated that EU law has undermined national law. This has happened due to a number of reasons,
one of which is the passing of a parlia mentary Act intending to prioritize EU law. At this point,
shall they need to provide otherwise, it is quite an argument to claim whether they could give
effect to national law instead. Therefore, it has become necessary to consider the extent to which
these statements reflect the relationship b etween EU law and ‘domestic’ laws within the UK and
try and apply to the legal future of candidate states, such a s Albania. This paper analyzes the two
parts of Lyon’s argument, namely the paramountcy a nd parliamentary aspects of the issue, while
also aiming to provide a framework on which future candidate states such as Albania can work
on in order to achieve a more efficient assimilation into the EU legal system together with the
forewarnings necessary shall they wish the opposite.
Keywords: Sovereignty, UK, Albania, EU, Law.
Introduction
This paper seeks to examine the basis of Lyon’s arguments throughout a thorough
analysis of the doctrine of parliamentary sovereignty and the relevant case law to this
subject. The relationship between UK and EU law is quite intricate and it has certainly
not been unproblematic mainly due to the passing of the European Communities Act of
1972 and its effects on UK sovereignty. A review of the applicable sections of this Act
is necessary in order to provide a superior analysis. It is crucial to look at how
provisions of the 1972 Act have put UK courts in secondary position compared to the
European Court of Justice, undermining parliamentary sovereignty and domestic law. A
view over the intentional aspect of this change is also important. To approach the
second part of Lyon’s argument, scholarly opinions will be provided in order to
evaluate whether the apparent decreased sovereignty of UK law could be reverted back
to being of primary importance by a future Parliament.
Throughout the use of the aids mentioned above it will be argued that EU law does in fact
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