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

• Author: Erbi Ago
• Position: Tirana Business University
• Pages: 67-72

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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