Sources of EU Law
- Created by: AlexIreee
- Created on: 16-02-20 19:26
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- Source of EU Law
- Treaties
- Brought into existance by European Communities Act
- Allowed EU law to become apart of UK law - citizens could rely on it (Van Duyn v Home Office)
- EU law could be served in national courts.
- Brought into existance by European Communities Act
- Regulations
- Article 288 TFEU set up regulations, laws which are binding in all member states.
- Member states don't have to do anything - regulations are automatic
- Tachographs : Commission v UK shows states cant pick and choose which regulation
- Directives
- Directs member states to create the same laws
- EG company laws, banking, insurance and equal rights
- Direct Effect - where states don't implement directive within time, a citizen can enforce it on the member state.
- Vertical direct effect - Where citizen can claim against state even when a directive has not been implemented (Marshall v Southampton Health Authority
- Horizontal direct effect -Where directives which arent yet implemented dont give a citizen any more rights against other people (Duke v GEC Reliance)
- Formed by Article 288 TFEU
- Implemented through statutory instruments.
- Can also be implemented through Acts of P - Consumer Protection Act
- Directs member states to create the same laws
- Primary source
- THE Treaties - Treaty of Rome and Treat of the EU
- Treaties
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