EU Law

EU law cards

HideShow resource information
  • Created by: Jake
  • Created on: 16-05-12 19:46

What is the EU?

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

1 of 8

European Parliament

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 

2 of 8

The Commission

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

3 of 8

Council of Ministers

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


4 of 8

European Court of Justice (ECJ)

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

5 of 8

European Communities Act 1972

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


6 of 8

Sources of Law


  • 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 


    • 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


7 of 8

Sources of Law 2

  • 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
8 of 8


No comments have yet been made

Similar Law resources:

See all Law resources »See all Delegated legislation resources »