The decision by a British court to rule that HM Customs & Excise does not have the right to 1) reverse the burden of proof, 2) use intimidating tactics against cross-Channel shoppers, and 3) seize vehicles without evidence of smuggling, is a victory for free trade, but a victory for the European Union too.
The ruling was based on a claim that the actions of a British state agency violated rights enshrined in European legislation and that the British government had repeatedly exceeded its powers by ordering Customs’ officers to violate the freedom of movement and free trade. It is worth considering what the judges would have done if the UK had left the European Union, let us say on 1st January this year.
There would have been no basis for bringing the case to court: HM Customs & Excise have always had powers to seize ships carrying contraband and the redress against unfair decisions has generally been poor. The government regulation could never have been challenged (at least since the early part of the twentieth century). What the behaviour of Customs officers would be like: border guards in Nazi Germany perhaps.
As the Euro-sceptic camp never ceased to remind us, parliament was sovereign and could legislate to designate a man, as a woman. But I don’t think many people in the UK are going to cry over the lost powers of the British state. The EU is remote, but so is the British government. Black market alcohol and cigarettes will become cheaper as fewer shipments are seized. The EU will be seen as the defender of individual freedom in this case, making it appear a little less hostile. It also looks as if the UK has stumbled into having a written constitution.
A final thought. We now know that if the UK pulls out of the EU, alcohol, fuel and tobacco taxes would certainly rise.
