OK here goes - sorry for the long windedness of the reply - the last bit (underlined) sums it up quite quickly -



The United Kingdom joined the European Community (now called the European Union) on the 1 January 1973. The European Community had been in existence since 1957 when six Member States (France, Germany, Italy, Belgium, Netherlands and Luxembourg) signed the Treaty of Rome. In 1972, the UK also signed the Treaty of Rome in a ceremony in Brussels. European law was incorporated into UK law (here no distinction need be drawn between the different jurisdictions within the UK) by the European Communities Act 1972. Perhaps the most important provisions are set out in sections 2 and 3.

Section 2(1) of the European Communities Act 1972 states that:

All such rights, powers, liabilities, obligations and restrictions from time to time created or arising under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression 'enforceable Community right' and similar expressions shall be read as referring to one to which this subsection applies.

Section 2(2) provides a general power for further implementation of Community obligations by means of secondary legislation.

Section 2(4) of the European Communities Act 1972 states that:

The provision that may be made under subsection (2) above includes, subject to schedule 2 to this Act, any such provision (of any such extent) as might be made by Act of Parliament, and any enactment passed or to be passed, other than one contained in this part of this Act, shall be construed and have effect subject to the foregoing provisions of this section.

Section 3(1) of the European Communities Act 1972 states that:

For the purposes of all legal proceedings any question as to the meaning or effect of any of the Treaties, or as to the validity, meaning or effect of any Community instrument, shall be treated as a question of law (and, if not referred to the European Court, be for determination as such in accordance with the principles laid down by and any relevant decision of the European Court or any court attached thereto).

The effect of section 2 is that European law must be considered to be a valid and binding source of UK law. Where European law exists on a particular subject (at least if set out in the Treaties or in Regulations), it can override any inconsistent UK law - including Acts of Parliament.



We often turn to european decisions if there is no English Common Law, so where I appreciate the inference that there isn't a "Law" in the traditional sense, there is in the legal sense. The Labour party decided against bringing this into English law in 1997 when they came to power, because there was no need, because it exists in european law.



But please, don't miss my main point.



If an insurance broker or salesman came to you and sold you garage insurance, and you didn't have a garage, he would be guilty of an offence. TV is full of adverts for the mis selling of Payment Protection Insurance (PPI) insurance, so is this going to be next?



W