Editorial Comments

Abstract

The approximation of laws produces more problems and is subject to more severe and fundamental criticism in the United Kingdom than in any other Member State of the European Community. This criticism goes to both the methods and the principles of the approximation of laws. As far as the methods are concerned, the criticism would appear, in some cases at least, to be justified. But the most serious—and, for the Community, least justified—objections touch upon the very foundations of the Community; they can be explained only on the basis of a certain conception of European unification.

“But sometimes one has the impression that there are Directives which deal with harmonisation for harmonisation’s sake alone. It seems as if some conscientious civil servant in Brussel, not having enough to do, takes it into his head, or is perhaps persuaded by some lobby ... that there is some branch of the law which it would be fun to alter; and having started on that course it is difficult getting him to turn back.”

Lord Diplock, House of Lords, November 22, 1977.¹