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Top Income Support & Jobseeker's Allowance topic #7754

Subject: "EU law prevails over domestic law - how?" First topic | Last topic
Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

EU law prevails over domestic law - how?
Mon 08-Mar-10 02:01 PM

Mon 08-Mar-10 03:34 PM by shawn

I have a JSA case.

The final sentence on page 305 of the current edition of 'Bonner' (CPAG's SS Leg. vol. II) says:

...as a matter of domestic law, the Directive prevails.

I need to put this to a tribunal. The sentence suggests that there is some UK law that specifically says EU law prevails. Anyone know what it is?

Thanks,

(KB7575)

  

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Replies to this topic
RE: EU law prevails over domestic law - how?, rspence, 08th Mar 2010, #1
RE: EU law prevails over domestic law - how?, Tony Bowman, 08th Mar 2010, #2
      RE: EU law prevails over domestic law - how?, clairehodgson, 08th Mar 2010, #3

rspence
                              

Benefits Adviser, Essex County Council
Member since
29th Jan 2010

RE: EU law prevails over domestic law - how?
Mon 08-Mar-10 03:25 PM

See CPAG's SS Leg. vol. III at p836, which says that EC Act 1972 s2(4) makes EC law prevail over UK law.
Robbie

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: EU law prevails over domestic law - how?
Mon 08-Mar-10 03:46 PM

Thanks Robbie. Much appreciated.

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: EU law prevails over domestic law - how?
Mon 08-Mar-10 06:43 PM

and that in turn came from the treaty....

  

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Top Income Support & Jobseeker's Allowance topic #7754First topic | Last topic