Chapter 8- Law Making: The eu Flashcards
When did UK join eu?
1973
Main institutions of functions of the union?
The council of the eu
The commission
The European Parliament
The court of justice of the eu
Council of ministers
Consists of ministers from each member state
Responsible for broad policy decisions
Commission
28 commissioners whose duty it is to act in the unions interest
Proposes legislation
Tries to ensure that the treaties are implemented into each member state
European Parliament
Members elected by citizens in each member state
Can co-legislate on an equal footing with the council in most areas
Court of justice of the European Union
One judge from each member state
Decides whether members states have failed in obligations
Rules on points of European law when cases are referred to it under article 267 TFEU
Treaties: while uk is member of the EU what does this mean
Any treaties made by the union are automatically part of our law this is as a result of European communities act 1972 s2(1)
Macarthys Ltd v Smith (1980)
Smiths employers paid her less than mail processor for exactly same job.
As the two were not employed at same time employer breached no English domestic law.
However Smith able to claim that company which employed her was in breach of Article 157 TFEU.
Hallam trustee v Connaughton (1996)
Connaughton employed for 3 years 1990-1994 salary was £11,000 when she left position the salary to next man was £20,000
Article 157 TFEU helped her get the decision
Eu regulations
Laws issued by the EU which are binding on member states and automatically apply in each member country
Tachographs v United Kingdom (1979)
Regulation requiring mechanical recording equipment to be installed in lorries issued.
Uk didn’t implement the regulation and said it was up to drivers whether they install or not.
When matter referred to Court of Justice it was held that Member states follow the article 288 which is explicit and meant that regulations are automatically law in all member states
Eu Directives
These are issued by the EU and direct all member states to bring in the same laws throughout all the countries.
Usual method of implementing directives in UK is?
Statutory instruments
Example of a Directive Uk has introduced?
Use of certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
Direct effect
If member states have not implemented a directive within the time laid down the individual who is adversely affected by the failure to implement only has rights against the state.
Vertical direct effect
Where the individual can claim against the state even when a directive has not been implemented
Example of vertical direct effect
Marshall v southampton and SW Hampshire area health authority (1986)
Miss marshall was required to retire 62 while men were required at 65.
Under sex discrimination act 1975 this is not discriminatory but she was able to succeed by relying on the Equal Treatment Directive 76/207.
Directive was not implemented fully by UK but the COJ of EU held it was sufficiently clear and imposed obligations on the member state.
Horizontal direct effect
Directives which have been implemented do not give an individual any rights against other people.
Such seen in Paola Faccini Dori v Recreb Srl(1995)
Dory could not rely on directive for cancellation against a private trader.
Francovich v Italian Republic (1991)
The Italian gov failed to implement directive aimed at protecting wages of employees whose business went bust.
Firm for which Francovich worked for went into liquidation owing him wages he was unable to get from the firm.
So he sued the state and the Court of Justice of the European Union held he was entitle to compensation.
Van Duyn v Home office (1974)
Individual entitled to rely on Treaty provision.
Macarthys LTD v Smith
Individual entitled to rely on Treaty provision even though national law is different.
Van Gend en Loos (1963)
EU has right to decide whether EU law or national law prevails.
Costa v ENEL (1964)
Eu law takes precedence over national law.
Factortame case (1990)
Eu law takes precedence over national law even where the Member State has enacted it own law to the contrary.
