Hillary Clinton has emerged as the first woman to become a major-party presidential nominee. Whether or not she trumps The Donald come November, her nomination as the Democratic Party’s presidential candidate is a momentous step for the United States. Before the people of the United States decide whether to elect their first female president, the people of Britain will decide whether or not they want to remain in the European Union in the BREXIT vote. On Thursday, June 23, 2016, Britain will hold a referendum for the people to decide Britain’s future and inevitably, the future of the European Union. The European Union is an economic and political partnership with 28 member states. The Union was conceptualised after World War II, as a way to foster economic cooperation, the premise being that such cooperation would prevent future wars between European countries. Of particular concern was the relationship between France and Germany. In 1952, the European Coal and Steel Community was established with six member states (France, Germany, Italy and the Benelux countries). This is the foundation on which future treaties were established and membership to the Union expanded. The latest of the treaties which came into force in 2009 is the Lisbon Treaty, a controversial constitutional reform instrument that suffered referendum defeats at least twice and took some negotiation before it was finally ratified by the member states. With the Lisbon Treaty came some changes, including a declaration that confirms the primacy of EU law over the law of member states and an article that gives member states the legal right to leave the Union, and a procedure for doing so. In the campaign for BREXIT, many reasons have been given for why Britain would be better off on its own. The Union is based on four pillars – the free movement of people, goods, services and capital within the EU’s borders. These four pillars are non-negotiable and the Court of Justice of the European Union has been very active in ensuring that these pillars remain strong. For Britain, and those in support of BREXIT, the free movement of people means that the poor cousins (citizens of lower income member states) can show up unannounced and stay! The other three pillars are also regulated by the Union, to ensure that the objectives of economic cooperation and a common market are achieved for the benefit of all member states and their citizens. The EU comes up with regulations to achieve these objectives and enforces these regulations using several methods including enforcement by the Court of Justice of the European Union (CJEU). While the Lisbon Treaty explicitly declares the supremacy of EU law over national laws, the CJEU in a series of cases had long since established that principle. In the campaign for BREXIT, the supremacy of the EU is probably one of the most crucial issues – the fact that some people feel that the CJEU has far-reaching capabilities to overturn national laws means that Britain has lost its sovereignty. The answer to that is that Britain is still a sovereign state and has only handed over powers in limited areas for communal benefit. In the Landmark case of Van Gen den Loos (Case 26/62) 1963, a company in the Netherlands was required to pay customs duty on products imported from Germany into the Netherlands under a law that was enacted after the creation of the European Economic Community (EEC). The company challenged the payment saying that it infringed on a provision of the EEC Treaty. A question was referred from the Dutch courts to the CJEU, which made its first pronouncements on the supremacy of EU law and the principle of direct effect. “The objective of the EEC Treaty, which is to establish a common market, the functioning of which is of direct concern to interested parties in the Community, implies that this Treaty is more than an agreement which merely creates mutual obligations between the contracting states. This view is confirmed by the preamble to the Treaty which refers not only to governments but to peoples. It is also confirmed more specifically by the establishment of institutions endowed with sovereign rights, the exercise of which affects the member states and also their citizens. In addition the task assigned to the Court of Justice under Article 177, the object of which is to secure uniform interpretation of the Treaty by national courts and tribunals, confirms that the states have acknowledged that Community law has an authority which can be invoked by their nationals before those courts and tribunals. The conclusion to be drawn from this is that the Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only member states but also their nationals. Independently of the legislation of member states, Community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage.” (emphasis added).]]>