EU Law
- Created by: Sadiyah Begum
- Created on: 03-04-20 21:40
View mindmap
- 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)
- Impact of EU Law on England & Wales
- 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
- EU Law
- 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)
- Impact of EU Law on England & Wales
- 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
- The Council of the EU
Comments
Report