The Reception of EU Law into Domestic Law

The European Union Law may be regarded as a unique example of International Law. A particular state may adopt the concept of either Monism or Dualism regarding International Law. This means, how the International law have reception into domestic law depends upon that State's chosen concept.

'Monism' is the concept whereby international law and national law form a single whole, or part of the same conceptual structure and International Law takes precedence. France and Italy, two member States of the European Union, adhered to the Monism Concept regarding International Law. So, obligations of International Law, once assumed, enter automatically into the legal system; without the need for any domestic legislative acts. Once entered, the obligations of International law take precedence over national law.

By Contrast, the Concept of 'Dualism' regards the International Law and Domestic law separate. In order for any International Law to enter into national law, some domestic legislation must be enacted by the national Parliament. United Kingdom adopted this dualism concept and this concept is consistent with the sovereignty of Parliament. In UK, treaties are part of International Law; so Treaties can have no effect into domestic law unless and until the British Sovereign Parliament passes an Act to give them effect.

In Blackburn V Attorney General (1971), Lord Denning MR confirmed this view -

Even if a treaty is signed, it is elementary that these courts take no notice of treaties as such. We take no notice of treaties until they are embodied in Laws enacted by Parliament, and then only to the extent that Parliament tells us.

Accordingly, the signing of the EC Treaties, without any further parliamentary action, had no effect in English law. In order to have effect, it was necessary for Parliament to pass the European Communities Act 1972.