Case - Factortame Ltd. v Secretary of State for Transport (No. 2) [1991] 1 AC 603
This case served to recognise the supremacy of EU law over national law where it has competence over the British legal system. Therefore, with this in mind, this decision formed part of a lengthy litigation battle involving numerous judgments spread over more than ten years and raised a number of issues of particular constitutional significance regarding parliamentary supremacy’s purported erosion in relation to the extent to which EU Member States permit others to fish in their territorial waters.
Consequently, on this basis, it was decided that whilst the British government was able to prescribe conditions that served to protect UK fishing communities from the effects of the opening up of national fishing waters to these other Member States, but it could not do that through the imposition of explicit nationality and conditions of residence regarding the extent of their ability to fish.
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