Nicola Preston


This article discusses the nature and operation of community law and highlights some of the difficulties experienced by its application to the English legal system.

The latter part of the article compares the operation of community law with that of the federal system in the United States of America.

In many respects the aims of both systems are the same. There are some matters in which it is considered essential that the law should be common or uniform throughout all the states, for example, commerce. In the United States, commerce is largely a federal matter so that goods can flow freely between the states.' Similarly in Europe, freedom of trade is one of the major objectives of the EEC. Other matters are left to the discretion of the various states. These tend to be matters which are of domestic concern only, that is, those which do not affect other states, either of the United States or of the EEC.