HC Deb 31 January 1972 vol 830 cc5-6W
Mr. Arthur Lewis

asked the Attorney-General (1) whether he is aware that the European Economic Community Court of Justice has ruled that the Rome Treaty and regulations prevail over the national laws of the countries within the Community, and that Community decisions, and directives are open to question as to their legal enforcement; to what extent, on Great Britain's entry into the European Economic Community, British laws will have to conform to the Court of Justice rulings on these and related matters; and whether he will make a statement;

(2) to what extent the Community Court of Justice, in its rulings in case 33/70 of 17th December, 1970, case 6/67, case 29/69 of 12th November, 1969, and case 11/70 of December, 1970, will affect Great Britain on this country's entry into the European Economic Community;

(3) whether he will make a statement on the effects of the Community Court of Justice rulings under Article 177 of the Rome Treaty of cases 26/62 Van Gend and Loos judgment of 2nd February, 1963, case 6/64, case 13/68, case 34/67, and under Article 189 of the European Economic Community Treaty in case 9/70 of 7th October, 1970, case 20/70 and 23/70 on 21st October, 1970; and to what extent, on Great Britain's entry into the European Economic Community, these rulings will affect Grew Britain

The Attorney-General

In the cases mentioned by the hon. Member the European Court has enunciated certain principles of Community law, including the direct application of some provisions of Community law as law in the member States. The principles evolved by the decisions of the European Court require that in the event of conflict Community law is to prevail over inconsistent national laws. The Treaties further contain provisions about testing the validity or operation of certain Community decisions and other instruments both in the national courts and before the European Court. The legislation at present before Parliament is designed to ensure that on the accession of the United Kingdom to the Communities, United Kingdom courts would apply the provisions of the Treaties and the principles evolved by the European Court in dealing with issues concerning Community law.