EU Sources of Law Flashcards
(39 cards)
What are the 3 main sources of EU law?
Treaties
Regulations
Directives
What is a primary source of EU law?
Treaties
What is a treaty?
Document setting out the broad principles of EU law
Highest source of EU law
Who are all treaties signed by to become part of English Law?
Our head of Government
What does the European Communities Act 1972 do to English law?
Makes EU law a part of English law automatically (directly applicable)
Macarthys Ltd. v Smith 1980 ECJ
Macarthys Ltd. v Smith 1980 ECJ
Smith’s employers paid her less than male predecessor for exactly same job
Man = £60 pw, managing stok
Smith = £50 pw
Not employed at the same time = no breach English laws on discrimination (EPA 1970)
ECJ held = able to claim her employer = breach Art 157 TFEU on equal pay of m+w
What are English Cts now prepared to do in relation to Treaty law?
Apply European Treaty law directly rather than wait for the ECJ to make a ruling on a point
Who can rely on the rights in the TFEU and other treaties?
All MS, even though these may not have been specifically enacted into English law
Macarthys Ltd. v Smith
What are the secondary sources of EU law?
Regulations
Directives
What do secondary sources of EU law enable?
The broad principles of T to be transformed into concrete rules of law
Add detail to the framework of the T
What is the aim of regulations and directives?
Achieve uniformity of law in all MS
What are regulations?
Similar to an act of P
Directly applicable - part of Eng law as soon passed
Both horizontal + direct effect
What case tested the direct applicability of EU regulations?
Re Tachographs Commission v UK (1979) ECJ
EU issued regulation requiring tachographs to be installed into every lorry
UK decided not to implement - decision up to driver
Matter = referred to ECJ
Held that MS had no discretion in the case of regulations
Wording of Art 288 = clear, directly applicable to ALL MS
What does Article 288 TFEU give the EU the power to make?
Regulations
Directives
What are directives?
Broadly termed documents sent to MS for them to create their own law on a specific topic
MS are directed to achieve objectives by a certain date, usually 2 yrs
Flexibility on how
Are directives directly applicable?
No
MS has to pass own laws to bring directive into its legal system
In UK, usually done by: A of P, statutory instrument or even Order in Council
Give an example of a directive that has been incorporated into English law
Consumer Protection Act 1987
- passed by P to incorporate directive on liability for defective products
What sort of topics are directive made on?
Employment
Consumer law
health and safety etc.
When is there a problem with directives?
When the MS had not implemented the directive in the time limit/ in a defective way
How have the ECJ dealt with directives not being implemented properly?
Developed concept of direct effect
Individuals can rely on unimplemented/ partially implemented directives
However, complicated by principles of horizontal/ vertical direct effect
What is vertical direct effect?
If individual works for the State/ arm of the state, they can rely on the unimplemented directives
Because the state shouldn’t be able to profit from failing to implement them properly
Marshall v Southhampton + South West Hampshire Area Health Authority
Marshall v Southhampton + South West Hampshire Area Health Authority
Miss Marshall = employed by S+SWHAHA
Was required to retire at 62, men had to do so at 65
Under Sex Discrimination Act = not illegal
Sued for unfair dismissal + used Equal Treatment Directive
But directive hadn’t been implemented properly
ECJ: she could claim against her employers because they were an ‘arm of the state’
What is the definition of state defined in Foster v British Gas plc(1990) ECJ?
‘A body, whatever it’s legal form, which has been made responsible for providing a public service under the control of the state’
What is horizontal direct effect?
The rights can be enforced against other individuals or organisations
