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10 January 2008 / Seamus Burns
Issue: 7303 / Categories: Features , EU
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An incoming tide

Seamus Burns explores the tidal wave of EU reform

Lord Denning once famously likened the impact of EU law, which originated under the aegis of the Treaty of Rome 1957, to an incoming tide flowing up the UK legal system, and incontrovertibly having a profound impact on the sovereignty of Westminster (see Bulmer (HP) Ltd v J Bollinger SA [1974] Ch 401 at 418–19).

If he were surveying the legal horizon today in the light of the Treaty of Lisbon (the reform treaty), and casting his judicial eyes over the past 33 years, he might have to revise his image of EU law being like an incoming tide permeating our existing legal order, and more realistically compare it to a tsunami, enveloping everything in its path with irresistible force.

UNION OF MEMBER STATES

The reform treaty, signed by the prime minister, Gordon Brown, on 13 December 2007 amends the Treaty on European Union (TEU) and the Treaty establishing the European Community, ie the Treaty of Rome 1957, which created the EEC, the precursor of

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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