Intro to common law. Part 2 . EU law












The United Kingdom joined the European Economic Community in 1973. The EEC has now morphed into the European Union (EU). The UK is still a member state of the EU for the moment!

Most EU countries follow Roman law. Roman law is sometimes called civil law. (This is not civil law in the sense of non-criminal law).  For the sake of ease we shall use the term Roman law here. Because the UK has been in the European Union and its predecessor organisation for over 40 years the UK has absorbed some Roman law. There has always been intercourse between Roman law and common law so the degree of change should not be overstated. The only other common law countries in the EU are small ones – the Republic of Ireland, Malta and Cyprus.

The EEC was founded with the Treaty of Rome in 1957. The EEC was about regulating trade.

The European Convention of Human Rights was drawn up in 1948. Lawyers from many European countries including the UK participated in this. The court that administers the ECHR is the European Court of Human Rights which is in Strasbourg. It is important to note that the E Court HR is NOT an EU body.  All EU states are signatories of the E Convention HR but Some countries which are signatories of the E Convention HR are not members of the EU. All countries that have signed the E Convention HR have one judge in the E Court HR. There are about 45 such countries and only a bare majority of them are EU countries. Nevertheless the EU considers the E Convention HR the core of its legal tradition. All EU member states are required to have the E Convention HR as part of their domestic law.















About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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