UK Law and EU Law

Question 1

eu legislation comprises:

Answer 1

1) primary legislation in the form of the treaty of rome and subsequent treaties;

2) secondary legislation made by the eu institutions and defined in eu treaty article 249:
- regulations
- directives
- decisions

Question 2

R v Secretary of State for Transport ex p Factortame Ltd (No 2)

Answer 2

a national law should be set aside where it prevents the granting of interim relief in a dispute governed by eu law

Question 3

Macarthys v Smith [1979]

Answer 3

european communities act 1972 community law was part of english law and where english law was inconsistent with it community law prevailed