5231213
Description
Mind Map by Lucy Garland, updated more than 1 year ago
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Created by Lucy Garland
about 10 years ago
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European sources of law
- Treaties
- All treaties signed by our
head of government
become law automatically
- directly applicable
- This is a result of
s2 (1) European
Communities Act
1972
- This is a result of
s2 (1) European
Communities Act
1972
- Treaties have direct effect,
allowing individuals to rely
on the law.
- Van Duyn v Home
Office (1974) - citizens
can rely directly on an
article of a treaty which
confer rights on
individuals.
- Macarthys v Smith
(1980) - individuals can
rely n the rights in the
treaties, even though
those rights may not
have been specifically
enacted in English law.
- All treaties signed by our
head of government
become law automatically
- directly applicable
- Regulations
- Under Art 288 (TFEU) the EU has
the power to issue regulations
which are "binding in every
aspect and directly applicable
in each member state."
- Regulations are directly
applicable - they do not have
to be adopted in any way by
the individual states as they
automatically become law in
each member state.
- Re Tachographs - regulation on recording equipment to
be installed in lorries was issued. The UK decided not to
implement this but to leave it to the lorry owners to
decide whether or not to put in such equipment. The
matter was referred to the Court of Justice who held
that MS had no discretion in the case of regulations.
The wording of Art 288 was explicit and meant that all
regulations were automatically law in all MS.
- These have direct effect - provided a
regulation is clear and gives rights to
individuals, the regulation can be relied
on by an individual in any case in the UK.
Individuals can enforce the rights given
by the regulation against both the State
(vertical DE) and any other person or
business (horizontal DE).
- Under Art 288 (TFEU) the EU has
the power to issue regulations
which are "binding in every
aspect and directly applicable
in each member state."
- Directives
- Directives aim to
harmonise the laws
within member states,
ensuring they are
implemented
uniformly across all
member states.
- Art 28 (TFEU) gives the power to
the Union to issue directives.
However, the difference is that for
directives Art 288 says that
Member States will pass their own
laws to bring directives into effect
and such laws have to be brought
in within a time limit set by the
European Commission.
- Directives are usually
implemented by statutory
instruments but can also be
done by an order in council.
- Directives are usually
implemented by statutory
instruments but can also be
done by an order in council.
- E.g. working time
directive 1993 - max
number of hours that
should be worked, rest
periods and amount
of paid holidays.
- If the purpose of a directive is to
grant rights to individuals and that
direct is sufficiently clear, the
individual may sue the state.
- Marshall v Southampton and
South West Hampton Area
Health Authority (1986) - sets
out the vertical direct effect
of directives. In an action
against the State individuals
can rely on a directive which
has not been implemented.
- Marshall v Southampton and
South West Hampton Area
Health Authority (1986) - sets
out the vertical direct effect
of directives. In an action
against the State individuals
can rely on a directive which
has not been implemented.
- von Colson (1984) - Court
of Justice pointed out
that national courts are
required to interpret
their national law in the
light of the wording and
purpose of the directive.
- Francovich (1991) - individual can
claim compensation from the state
for its failure to implement directive.
- Directives aim to
harmonise the laws
within member states,
ensuring they are
implemented
uniformly across all
member states.
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