EU Primacy

‘We will bring an end to the jurisdiction of the European Court of Justice in Britain. Because we will not have truly left the European Union if we are not in control of our own laws’. Since the ‘Factortame’ case in the House of Lords in 1989, it has been established that EU law takes precedence over domestic law. The prospect of removing the well-meaning but poorly applied EU Procurement Directives will doubtless be welcomed by public authorities seeking to promote regeneration projects. The provisions, designed to prevent corruption and distortion of trade in a wider sense, are not easily translatable to public land partnerships and are considered by many to have stood in the way of the best commercial and practical deals for Local Authorities. However, control of our own laws does not of course necessarily mean disapplication of existing laws. Constitutional lawyers will doubtless dine out for years to come on the mountain of work coming their way.