EU Law

The EU was set up between all the countries to make the movement of goods, people and money easier.

27 Member States

One big entity

736 MEP's

Sit together in political groups rather than country groups
 
Their permission must be given if a country wishes to join the EU 

27 Commissioners - One for each member state

Represent the EU as a whole

Each member state has the responsibility for a department e.g. Agriculture

Proposes all policies and drafts laws to the Council

Doesnt have a permenant membership

Each member state sends the appropriate minister to each meeting - e.g. Minister of agriculture sent to the agriculture meeting

Represents the interests of the member states

Implemet all laws and policies proposed by the Commission

MAIN DESICION MAKING BODY IN THE EU 

2 main roles 

Judicial role:
Proceedings against member states
E.g. Tachographs V UK - Lorries and the UK was not complying with the law

Supervisory role:
Based on article 267
Any court in each member state can refer a question of EU law to the ECJ
Ask for guidance on confliticing law

Case example:
Factortame - The UK asked for advice on conflicting law

Act was passed when we joined the EU 

Directly applicable = treaty articles, regulations (and some decisions) immediately become part of a member state’s law

Direct effect = the provision creates individual rights that can be enforced and that member states must protect

• Vertical direct effect = the rights can be enforced against the Government or Government organisations
• Horizontal direct effect = the rights can be enforced against other individuals or organisations

Treaties:

• Highest source of EU law
• Lay down general aims of EU and create rights and obligations
• Directly applicable
• Both types of direct effect if rights are clear and precise (Van Gend en Loos)
• Eg Treaty of Rome
• Macarthys Ltd –v- Smith – woman claimed equal pay for equal work under Article 139 

 Regulations:

•  
  • Similar to an Act of Parliament
  • Become part of a member state’s law as soon as they are passed
  • Directly applicable
  • Both types of direct effect

• Directives:
  • Broadly termed documents sent to member states for them to create their own law on a specified topic
  • Member state usually has 2 years to put their own legislation in place
  • In UK either an Act of Parliament or a statutory instrument is passed to do this
  • Have vertical direct effect provided the rights and obligations are clear and precise – Van Duyn –v- Home Office
  • No horizontal direct effect as they are made part of the member state’s own law so there is no need for this

• Decisions:
  • Addressed to a state, a person or a company and is binding only on the recipient
  • Some are directly applicable