EU Law

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  • History of the European Union
    • EU Law
      • Impact of EU Law on England & Wales
        • EU Law takes precedence over national Law
        • Van Gend en Loos (1963)
        • Costa v ENEL (1964)
      • A changed role for the courts
        • Since joining the EU, judges have to ignore laws made by Parliament if they conflict with EU Laws
        • Factortame Case (1990)
      • The effect of EU Law on Parliamentary Sovereignty
        • Member States (MS) have transferred sovereign rights to the EU
        • MS cannot rely on their own law when it conflicts with EU Law
      • Sources of EU Law
        • Treaties (Primary)
        • Treaties (Secondary)
          • Any Treaties made under the EU are automatically part of UK Law - European Communities Act 1972
          • Van Duyn v Home Office
          • Macarthys Ltd v Smith (1980)
          • UK Courts can apply Treaties rather than wait for the ECJ to make a ruling on the point
        • Regulations (Secondary)
          • Under Article 288 TFEU, Regulations are binding and directly applicable in each MS
          • They automatically become law in each MS- require immediate application
          • Re Tachographs: The Commission v UK (1979)
        • Directives (Secondary)
          • Issued by the EU and direct all the MS to bring in all the same laws throughout all the countries
          • Not directly applicable - MS will pass their own laws to bring directives into effect
          • In the UK it is done through Statutory Instruments and Staute
          • Must be implemented within a time limit set by the Commission
          • Marshall v Southhampto-n and South West Hampshire Area Health Authority
          • Direct Effect
            • Vertical direct effect - individuals can enforce an European provision against the country or state (Marshall v Southampton and South West Hampshire Area Health Authority 1986)
            • Horizontal direct effect - individuals enforce a European provision against other individuals (Duke v GEC Reliance Ltd 1988)
    • The UK joined the EU on 1st January 1973
    • Since then, EU Law has become an important source of law
    • However, in 2016, the UK voted to leave the EU
  • Instituitions of the European Union
    • In 2009, the Treaty of Lisbon restructured  the EU
    • EU Law
      • Impact of EU Law on England & Wales
        • EU Law takes precedence over national Law
        • Van Gend en Loos (1963)
        • Costa v ENEL (1964)
      • A changed role for the courts
        • Since joining the EU, judges have to ignore laws made by Parliament if they conflict with EU Laws
        • Factortame Case (1990)
      • The effect of EU Law on Parliamentary Sovereignty
        • Member States (MS) have transferred sovereign rights to the EU
        • MS cannot rely on their own law when it conflicts with EU Law
      • Sources of EU Law
        • Treaties (Primary)
        • Treaties (Secondary)
          • Any Treaties made under the EU are automatically part of UK Law - European Communities Act 1972
          • Van Duyn v Home Office
          • Macarthys Ltd v Smith (1980)
          • UK Courts can apply Treaties rather than wait for the ECJ to make a ruling on the point
        • Regulations (Secondary)
          • Under Article 288 TFEU, Regulations are binding and directly applicable in each MS
          • They automatically become law in each MS- require immediate application
          • Re Tachographs: The Commission v UK (1979)
        • Directives (Secondary)
          • Issued by the EU and direct all the MS to bring in all the same laws throughout all the countries
          • Not directly applicable - MS will pass their own laws to bring directives into effect
          • In the UK it is done through Statutory Instruments and Staute
          • Must be implemented within a time limit set by the Commission
          • Marshall v Southhampto-n and South West Hampshire Area Health Authority
          • Direct Effect
            • Vertical direct effect - individuals can enforce an European provision against the country or state (Marshall v Southampton and South West Hampshire Area Health Authority 1986)
            • Horizontal direct effect - individuals enforce a European provision against other individuals (Duke v GEC Reliance Ltd 1988)
    • Treaty of European Union (TEU)
    • treaty of the Functioning of the European Union (TFEU)
    • Treaty of Rome - Establishment of the institutions of the EU
      • The Council of the EU
        • Made up of ministers from each MS (28)
        • The Minister responsible for each topic will attend Council meetings
        • Govt. heads meet twice a year in 'Summit' to discuss broad matters of policy
        • Every six months, a different MS is the President of the Council
        • Proposes law to the EU Parliament
        • Council decisions must be supported by a minimum of 16/28 of the MS and must represent 65/% of EU population (Double Majority Rule) but certain matters require unanimity
      • The Commission
        • Made up of 28 Commissioners who act independently
        • Proposes legislation
        • Tries to ensure that the Treaties are implemented in each MS
      • The European Parliament
        • Members elected by citizens in each MS
        • Can co-legislate with the council
      • The European Court of Justice (ECJ)
        • Decides whether MS have failed in obligations
        • Rules on points of European Law when cases are referred to it under Article 267 TFEU
        • Preliminary Rulings
          • Request for preliminary ruling is made under Art. 267 TFEU
          • Binding on  courts in all MS - must be followed
          • ECJ  only provides clarity on points of law - it doesn't decide the case. Case is returned to the original Court for the ruling to be applied
        • Operation of the ECJ
          • Must present case in written form
          • Advocate General will present findings to the Court and the Judges will make the decision
          • Deliberations of Judges are in secret
          • Decisions are made by a majority vote and signed by those who formed part of the panel who came to the decision
          • ECJ uses Purposive Approach to interpretation
          • ECJ not bound by its own previous decisions

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