EU and Human Rights - Effects on UK Law

Question 1

What year did the UK Join the EEC (now the EU)

Answer 1

1973

Question 2

Give 3 examples of laws that may be governed by both English Law and EU Law.

Answer 2

Employment Law, Consumer Protection Law, Environmental Protection Law.

Question 3

Explain what happens when EU Law and English Law Conflict.

Answer 3

when EU Law and English Law conflict, EU Law prevails. This does not make the English Law Bad Law, it simply means that the English Law will be put aside, or not considered when making a decision on the specific case.

Question 4

What did the case of Costa v Enel explain.

Answer 4

When a member state joins the EU, the member state accepts that their own soverign powers are limited. The english law does not become invalid because of its membership, simply, the EU law takes precedent over the local member law.

Question 5

What are the Three Categories of EU Law?

Answer 5

1) The Treaties, 2) The Secondary Legislation, 3) EU Case Law.

Question 6

What are the EU Treaties and what effect do they have?

Answer 6

There are two main EU Treaties. 1) Treaty on the European Union ( TEU), and 2) Treaty on the Function of the European Union (TFEU). Both treaties have legal effect in UK law. Many of the provisions of the treaties have DIRECT Effect. They are Frame Work Treaties.

Question 7

What does Framework Treaty mean?

Answer 7

The TEU and TFEU are Framework Treaties. It means that they set out the principles of the law, but need to be expanded on through secondary legislation.

Question 8

What are the 5 forms of Secondary EU Legislation.

Answer 8

1) Regulations, 2) Directives, 3) Decisions, 4) Recommendations 5) Opinions.

Question 9

Which pieces of Secondary legislation are considered binding?

Answer 9

Regulations, Directives and Decisions are binding.

Question 10

What is a Decision?

Answer 10

A Decision is a piece of secondary EU Legislation, which is binding upon those whom the decision is addressed too.

Question 11

What is a Regulation?

Answer 11

A Regulation is a piece of secondary EU Legislation. It is Directly Applicable. They have DIRECT EFFECT in UK law as soon as they are passed.

Question 12

What is a Directive?

Answer 12

A Directive is a piece of secondary UK Legislation. It binds only the member states to which it is addressed too. A Directive generally does not have DIRECT Effect. A Directive Sets out a certain result and time line which the member state must aim to achieve. The member states is required to pass legislation to aid in the implementation of a Directive. If a member state fails to enact legislation to effect the Directive, in accordnace to EU CAse Law, VAn Duyn v Home Office, the Directive, can be considered effective, it is meats the requirement of DIRECT Effect, and an individual or state may rely on it as a defense in the courts.

Question 13

What is the outcome of the Marleasing SA v La Commercial International de Al Implemented SA. case?

Answer 13

The CJEU Ruled that all UK legisltaion and case law must be interpreted in accordance to EU law in as so far as it is possible to do so.

Question 14

What are the Two courts under the EU?

Answer 14

The Court of Justice of the European Union (the “CJEU”) and the General Court

Question 15

What kind of cases does the General Court Deal with.

Answer 15

The General Court deals with cases relating to EU Competition Law and some Judicial Review Cases.

Question 16

What kind of cases does the CJEU hear?

Answer 16

Actions against member states whom fail to follow the treaties. Article 258 of the FTEU. and Article 267 of the TFEU for Preliminary Hearings.

Question 17

When Nazi Germany implemented Race Right Laws, which were seen as not moral to the rest of the world, what did it trigger?

Answer 17

It triggered the Council of Europe (at that time comprised by 10 member countries) to sit down and draft the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Question 18

Outline the Convention

Answer 18

Articles 1 -14 give the main convention rights. E.G. Life, Liberty, Freedom of Expressions etc. Artical 2 establishes the Court of the European Convention of human rights, the ECHR.

Question 19

Provide an overview of the ECHR’s function and general operation.

Answer 19

The ECHR was established to give victims whos convention rights had been breached, the opportunity to bring a claim against its member state and to seek a remedy. The ECHR does not have a system of binding precedent. It is not bound by its previous decisions. Case Law generated by teh ECHR is a very important source in english law,

Question 20

What are the two types of Convention Rights?

Answer 20

1) Absolute Rights and Qualified Rights.

Question 21

‘What is meant by Margin of Appriciation

Answer 21

When a case is brought before the ECHR, the ECHR affords a state a “Margin of Appriciation” or a level of discretion. It allows a states the flexibility as to how the convention rights should be applied in their specific states.

Question 22

What is meant by Proportionality?

Answer 22

Any quilified right under the convetion, e.g. the right to a family, should be proportionate. Again, a flexibility afforded to the state by the ECHR.

Question 23

When and why was the Human Rights Act of 1998 enacted?

Answer 23

The Human Rights Act of 1998 was enacted in October 2010 because to cost of bringing a case to the ECHR was very expensive and time consuming

Question 24

Briefly describe the function of the HRA 1998

Answer 24

The Human Rights Act imposses an obligation on Public Authorities to act in accordance to the Convention Rights. It makes it unlawful for a Public Authoritz to breach the convention act. It provides anyone who feels that a public authority has breached the Convention, the right to bring a claim against such public authority under the act.

Question 25

What does giving Vertical Effect mean?

Answer 25

By enabling an individual to bring a claim against a public authority the HRA 1998 gives vertical effect to the convention rights.