European Union Law

European Union Law

1. Types of EU Law

   • Directives:
     • Bind member state to which they are addressed as to the result to be achieved. E.g Working time directive
   • Treaties:
     • All treaties signed by our head of government automatically become law. E.g Treaty of Rome
   • Regulatons:
     • binding in every aspect and directly applicable in member states. E.g Re Tachographs

2. State Liablity

   • Member states have a duty to compensate for ay losses as a result of their failure to properly implement directives.

3. Conflicts between EU and Domestic Law

   • Eu law must take supremacy even national law must give way to EU law. E.g Costa V ENEL (1964), Van Bend en Loos (1963)

4. Institutions of the EU

   • Commission
     • 28 members - one per member state. These are independent of their member state and are appointed for 5 years. Each commissioner heads a department, making sure treaty provisions and other law made by the union are properly implemented.
   • European Parliament
     • 750 members are elected every 5 years. Discuss proposals put forward to commission
   • Council of Ministers
     • Each member sends a representative. Appointed for 6 months. It is the principle decision making body.
   • European Court of Justice (ECJ)
     • 28 Judges - one per state. Sever for 6 years. Sit in chambers of 3 or 5 judges or in Grand Chamber (13 Judges). Ensures Eu law is applied

5. Enforcing EU Law

   • once a piece of EU law has been created, then citizens of member states are going to want to use that law to claim any rights given to them. The different sources of EU law are enforced in different ways.
     • Treaties
       • Enforceable by any 'individual against either the state or another individual' E.g 'Van Duyn v Home Office'
     • Regulations
       • Binding in every aspect
     • Directives
       • Must be implemented