EU Law Flashcards
What are primary sources of EU Law?
EU treaties
1) The treaty on the functioning of the EU (TFEU)
2) The treaty of the EU (TEU)
What are secondary sources of EU law?
Regulations, directives and decisions
What are other sources of EU law?
- Tertiary acts
- Case law
- International agreements (treaties)
- Non-binding acts
What are regulations?
A form of secondary EU legislation.
Come from Article 288 TFEU
Have direct effect, meaning can be relied on in court without MS enacting own legal measures
What are directives?
A form of secondary EU legislation.
Come from Article 288 TFEU
Must be applied by MS’s own legal measures, deadline often specified in directive itself, normally 2 years after directive was adopted. If no deadline, 20 days after publication of directive.
What are decisions?
Decisions of the EU. Binding in its entirety, if specified to who it is addressed binding only on them.
Considered secondary legislation if adopted using a legislative procedure.
What are the forms of tertiary acts?
1) Delegated acts: enables secondary legislation to delegate the power to the European Commission to adopt delegated acts to supplement or amend that secondary legislation
2) Implementing acts: enables legally binding EU acts to confer on the European Commission the power to adopt acts for implementing those legal binding EU acts where uniform conditions for implementation are needed. Power can also be conferred on the Council of the EU.
May take the form of regulations, directives and decisions.
What are preliminary rulings?
While there is no appeal from the national courts of the Member states to the EU Courts, national courts can make preliminary references to the CJEU.
These are questions of EU law which are referred to the CJEU by the national courts.
CJEU will make a ruling on the question known as a preliminary ruling, the case then returns to the national court to apply the ruling.
Can the EU enter into international treaties?
Yes. Article 47 TEU confers legal personality on the EU.
Article 216(1) TFEU empowers the EU to be able to enter into international agreements in various circumstances listed in the article. These are binding on EU institutions and Member States.
What is the principle of supremacy of EU law?
Addresses conflicts between national law and EU Law.
National Law cannot override EU law. EU law must prevail over the offending national law.
Established in Costa v E.N.E.L.
How is EU law in the UK now governed?
1) Withdrawal agreement
2) Separate legal regime for assimilated EU law
What is the effect of EU Law preserved by the Withdrawal Agreement?
Applies to some matters: rights of Union citizens and family members who were resident in the UK at the end of the transition period,
Given effect by s.7A of the EUWA 2018.
UK courts remain able to disapply statutes where they are incompatible with any EU law which continues to be preserved by the Withdrawal Agreement after the end of the Transition Period.
s5(7) of EUWA 2018 also preserves supremacy of EU Law as required by Withdrawal Agreement.
Art 4: interpret WA provisions and any EU Law preseved by them in conformity with the case law of CJEU made before end of transition period
Art 158: make preliminary ref to CJEU
Art 12 - can make preliminary ref regarding NI protocol
What is assimilated law?
The following which continue to have effect in the UK:
1) EU-derived domestic legislation
2) Direct EU legislation
What is the status of the supremacy of EU Law?
Applies to EU law under the Withdrawal Act 2018.
No longer applies to assimilated EU Law after REULA 2023:
- principles of the supremacy of EU law ceased to be applicable where assimilated EU law is involved
- courts are under an interpretive obligation to read and give effect to assimilated direct EU legislation in a way which is compatible with all domestic enactments insofar as it is possible to do
- assimilated direct EU legislation is subject to domestic enactments in so far as it is incompatible with them
Note; QUALIFIED
Court must make a compatibility order under
