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.
    • 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
    • Primary source
      • THE Treaties - Treaty of Rome and Treat of the EU


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