Factortame - Essay Example

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Factortame

101).
This decision seriously threatened the livelihood of Factortame Limited, whose Spanish directors had re-registered 53 Spanish-registered boats as British boats, and also purchased 42 British-registered boats, for a fleet of almost 100 fishing boats to use in UK waters. When the Merchant Shipping Act 1988 was passed, Factortame sought to have a British court overturn it, because it violated the Common Fisheries Policy, and legal principle held that Community law held sway over national law. This had been set as precedent by the ECJ in Costa v. ENEL in 1964 (Drewry, p. 101), but that did not stop the Court of Appeal and the House of Lords make Factortame seek remedy in the ECJ before starting the process on British soil. The Factortame received far more publicity than did Costa, and it brought home to the British public a fact that had been clear to the British legal community for some time: that, in many ways, British sovereignty had been changed as soon as the British government acceded to membership in the EC (Oliver p. 2). Over time, the British courts have moved to make this change a reality through case law. ...Show more

Summary

The laudable aims of free trade and environmental protection often run afoul of one another, as policies and laws that seek to favor one tend to hamstring the other. These two aims collided in the Factortame case, because the European Union's Common Fisheries Policy, which had been established in 1970, sought to open access to fishing waters within the EU to all member states…
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