Legal Dimensions of British Entry into the European Community

During a speech in Brussels in May, 197o, commemorating the twentieth anniversary of the Schuman Plan, the President of the Court of Justice of the European Communities, Robert Lecourt, declared that the country which becomes a member of the Community "marries its law." With Britain's membership impending, the question obviously needs to be posed, what kind of a marriage will it be? The purpose of this paper is to examine the legal aspects and implications arising from the entry of the United Kingdom into the European Community. In particular, it will focus on the legal basis and effects of the accession treaty, the impact of Community law on the British legal system and judicial procedures, and the possible influence of common law practices on the judicial functions of the Court of Justice of the European Communities. In view of the complexity of some of the legal and constitutional issues involved, this study is largely preliminary in nature, seeking to identify major problems and perhaps raising questions for intensive research. Practical experience gathered from the gradual fusion of Britain into the European Community will undoubtedly be an invaluable and essential contribution to answers to some of these questions.