EU LAW

Question 1

Explain the development of the EU.

Answer 1

The European Economic Community was set up by the Treaty of Rome 1957. Six members: Germany, France, Italy, Belgium, Luxemburg and the Netherlands.

1st Jan 1973 UK joined and so another source created European Law.

Treaty of the European Union 1993 created the name.

Referendum 2016- UK has left 31 Jan 2020. Only one to leave.

Question 2

What is the structure of the EU?

Answer 2

2009 Treaty of Lisbon restructured.
Two treaties that set out rules of EU:
1. Treaty of European Union (TEU)
2. Treaty of the Functioning of the European Union (TFEU)

Made up of a group of supranational institutions which are in charge of the running and functioning on Europe.
Each are set out in Article 13 of the Treaty of the EU and each has different roles and responsibilities.

Question 3

What is The European Commission?

Answer 3

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Question 4

What is The European Council?

Answer 4

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Question 5

What is The Council of the European Union?

Answer 5

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Question 6

What is The European Parliament?

Answer 6

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Question 7

What is The Court of Justice of the European Union?

Answer 7

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Question 8

What are Treaties? GIVE EXAMPLE (SAY WHO PASSED BY)

PRIMARY SOURCE OF LAW

Answer 8

Automatically become English Law- directly applicable.
Result of European Communities Act 1972]
Can be relied upon by individuals.

Question 9

What is a case that relates to Treaties?

Answer 9

Macathy’s Ltd v Smith [1980]

Paid her less than male in same job, employed ay same time.
Did not breach UK Law.
But Ms Smith was able to claim that the company which employed her was in breach of Article 157 of the TFEU over equal pay for men and women.
CJEU agreed.

Question 10

What are Regulations? GIVE EXAMPLE (SAY WHO PASSED BY)

SECONDARY SOURCE OF LAW

Answer 10

Article 288 of the TFEU the European Union has the power to issue EU Regulations which are ‘binding in every respect and directly applicable to each Member State’.
Can be relied upon by individuals.
Make sure law is uniform.
Example: The Unfair Terms in Consumer Contracts Regulations 1994
One of first cases to involve: Re Tachographs: The Commission v United Kingdom [1979]

Question 11

What are Directives? GIVE EXAMPLE.

SECONDARY SOURCE OF LAW

Answer 11

Legislative goal that all member states must achieve in a set time frame.
Consumer Rights Directive 2011/83
Must write and create laws (bring into effect) themselves which achieves it.
Usually through SI.
Can use Order in Council.
Act of Parliament.
Directives are not directly effective- cannot be relied upon by an individual until have been enacted by domestic law.
Non-implementation- Individual can take Member State to court.

Question 12

What are Decisions? GIVE EXAMPLE

SECONDARY SOURCE OF LAW

Answer 12

Decisions issued under the power of Article 288 of the TFEU.
Only apply to addressed individual or Member State.

Question 13

What is the impact of EU Law on the UK?

Answer 13

European Law takes precedence, prevails over National Law.
The European Court of Justice made-governments of Member states liable for financial loss suffered result of their breach of European Law.

CASE 1

CASE 2

Question 14

What is the Direct Effect?

Answer 14

Member state has not implemented correctly or at all a directive within the time limit.
Purpose: to grant rights to individuals and that directive is sufficiently clear, it may be directly enforceable by an individual against a member state. Even so if MS has not implemented it/ implemented it in a defective way.
Important that individual who is affected by failure has rights against the state.

Two Types:
Vertical
Horizontal.

Question 15

What is the Vertical Direct Effect?

Answer 15

An individual can claim against an emanation of the State (also known as an arm of the State) when a Directive has not been implemented or was implemented in a defective way.

Question 16

Give a case example for the Vertical Direct Effect?

Answer 16

Marshall v Southampton and South West Hampshire Area Health Authority [1986]

If Member State had not (failure to comply with EU Law) but arm had the MS can not use this to deny rights to the individual.

Question 17

What is the Horizontal Direct Effect?

Answer 17

Where a Member State has failed to implement a Directive within the time limit and the claim in NOT against an arms of the State, an individual cannot rely on the Directive against a private employer or individual.

Question 18

Give a case example for the Horizontal Direct Effect.

Answer 18

Duke v GEC Reliance Ltd [1988]
unable to rely on the Equal Treatment Directive as her employer was a private company. The court held that Directives do not have a horizontal effect.

Question 19

What is the Indirect Effect?

Answer 19

Where a Member State has failed to implement a Directive correctly or at all.

Question 20

Give a case example for the Indirect Effect.

Answer 20

LOOK AT OTHER CASE!!!
Marleasing v La Comercial Internacional de Alimentacion
The European Court of Justice extended indirect effect to situations where the Member State concerned had not implemented the Directive at all.
CASE- OTHER ANGLE? USEFUL?

Question 21

What is State Liability?

Answer 21

May be possible to take an action to claim damages against the Member State which has failed to implement the European Directive.
Due to: unfair that the conflicting doctrines of vertical and horizontal direct effect should give rights to individuals in some cases and not others.

Question 22

Give a case example for State Liability.

Answer 22

Francovich v Italian Republic [1991]
Italian government failed to implement a Directive aimed at protecting wages of employees whose employer became insolvent. The firm for which Francovich worked went into liquidation owing him wages, he sued the State for his financial loss. The CJEU held that he was entitled to compensation.

Question 23

What is the test for State Liability under Francovich?

Answer 23

1. The purpose of the Directive had to grant rights to individuals;
2. It had to be possible to identify the content of those rights based on the provisions of the Directive; and
3. There has to be a causal link between the breach of the State’s obligations and the damage suffered.

When vertical direct effect does not cover the situation (sue for non-implementation). CJEU created it.

Question 24

What is the further impact of EU Law on the UK and now that we left? (CAN BOTH SLIDES GO INTO ONE REVISION CARD)

Answer 24

Was:
1. Sovereignty of the UK Parliament had been affected.
2. EU Supremacy over UK Law.
3. Purposive Approach preferred and encouraged to use it in English/Wales (UK) Law.
Now:
1. Parliament has regained its sovereignty and is free to pass any law it chooses, whether or not it conflicts with EU law.
2. EU Laws no longer apply made after 31st Jan 2020 or can be relied on by individuals- the rights created by EU Law.
3. All laws made while in still apply but Parliament could change that-make laws to alter, amend, repeal (or accept).