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BACKGROUND INFORMATION
The UK joined the EU in 1973. Originally sent up following World War 2, the
EU was an attempt by many western European countries to rebuild their
economies by working closely together. The idea was that they would be
more prosperous when working together. The countries then decided that
they would share a common framework of laws in the areas of
employment and the trading of goods and services between the countries.
Now EU Laws cover other areas such as health and food safety and sex
discrimination laws. Attempts to adopt a common criminal law have been
strongly resisted by the UK.
The EU is currently made up of 27 Member States which include the UK,
France & Germany.
COUNCIL OF MINISTERS
Made up of representatives from each national Government
who will attend meetings related to their national
responsibility.
Principal decision making body.
The Council of Ministers is the effective centre of power. The
Heads of State of the EU countries vote on the proposed laws.
The Head of states have differing amounts of voting power
depending on the size of their country (Qualified Majority
Voting).
EUROPEAN COURT OF JUSTICE
Function set out in Art 220 of the Treaty of Rome to ensure
that in the interpretation and application of the Treaty the law
is observed
Decides cases involving citizens of the member
states.
Enforces EU law in the member states.
Sits in Luxembourg and has 27 judges (one
from each MS those eligible for the highest
judicial posts); appointed for 6 years and can be re-appointed.
Full court = 11 judges; also sits in chambers of 5 or 6
Assisted by 9 Advocates. A-G under Art 223 will research all
legal points involved and present the case publically.
Article 234
The Court of Justice shall have jurisdiction to give preliminary
rulings concerning:
(a) the interpretation of treaties;
(b)the validity and interpretation of acts of the institutions of the
Union
(c) The interpretation of the statutes of bodies established by an
act of the Council, where those statutes so provide.
WHEN MUST A REFERAL BE MADE?
Sources of EU Law
Primary
Treaties, the most important of which is the Treaty of
Rome, and other agreements having similar status.
Primary legislation is agreed by direct negotiation
between the governments of Member State.
Secondary
legislation passed by the institutions of the Union under
Article 234 of the Treaty of Rome
Secondary Legislation
Regulations
Directives
Decisions
TREATIES
Secondary sources
Regulations - binding in all the member states
Directives - binding but member states may choose method
of implementation
Decisions - binding on those member states to whom they
are addressed
Recommendations - not binding
Opinions - not binding
Case Law - binding in all the member states
Case Law
Rulings on EC law by the European Court of Justice (ECJ) are
also a source of law. Case-law includes judgments of the
European Court of Justice and of the European Court of First
Instance, for example, in response to referrals from the
Commission, national courts of the Member States or
individuals.
For example: Van Gend En Loos [1963] gave individuals the
right to rely on provisions of the Treaty of Rome in their
national courts.
Type of law
Treaties
Regulations
Directives
Effect
Directly applicable
Source
Section 2 (1) of the
European
Have direct effect Communities
Act
(both vertically and 1972
horizontally) if give
individual rights and Macarthys v Smith
are clear, precise (1979)
and unconditional.
Directly applicable
Article 249 of the
Treaty of Rome
Have direct effect
(both vertically and
horizontally) if give
individual rights and
are clear, precise
and unconditional.
NOT
directly Article 249 of the
applicable.
Treaty of Rome
Have vertical direct
effect
if
give Marshall case
individual rights and
are clear, precise
and unconditional.
Duke v GEC Reliance
Francovich v Italian
NO horizontal direct Republic.
effect
BUT
individuals can claim
against state for loss
caused by failure to
implement