Sovereignty in the United Kingdom After Joining the European Economic Community

Abstract

Opportunities are increasing for Australian corporations to export to Europe and to carry on business there. Until recently, there has been very little federal power in the European Community — legislation was adopted by the Council of Ministers from member states only on the basis of unanimity achieved by package deals. That is now changing, and a uniform internal market embracing a population of 320 million is only just over the horizon. There is much to be done, however, before that becomes a reality. Accordingly, the methods of developing Community law should be of interest. Those concerned with the concept of half sovereign states and federal constitutions might also be interested in the way that a constitution said to be incapable of entrenchment has become subject to Community law. The European Economic Community (EEC) was established under the Treaty of Rome 1957 (hereafter called "the Treaty"). Although it was intended to fall short of a federal state, the governments were expected to co-operate in ways that go beyond normal international treaties.1 Community law was to be created by acts adopted by the Council of Ministers, irrespective of the monist or dualist character of the municipal legal order of the member states. Nevertheless, member states would have a hand in such law making,since the ministers in the Council were those appointed by them.