EU Law Sources Flashcards
What is direct effect?
This allows individuals to rely upon EU law even if the member state has not implemented it.
What is direct applicability?
It means EU law is binding and immediately a part of domestic law.
Example case of treaties?
Van Duyn V Home Office 1977: the home office refused the claimant entry to the UK as she was a scientologist, a religious group the UK wanted to excluded. The claimant argued that this was contrary to Article 45 TFEU on the freedom of movement, however the government argued that this allowed exceptions on he grounds of public policy. The claimant argued based on a law subsequent to the TFEU this could only be invoked on the basis of personal conduct and she had done nothing to justify exclusions. The ECJ held that the EU obligation on the government was clear and therefore created enforceable rights and she must be allowed in the UK.
UK citizens may rely on the rights in the TFEU and other treaties even though these may not have been specifically enacted into English law as shown in?
McCarthys Ltd V Smith -980: Wendy Smiths employers paid her less than her male predecessor for exactly the same job. Previously a man was paid £60pw for managing a stock room and Wendy, his replacement, was paid £50pw. As the two people were not employed at the same time there was no breach of English laws on discrimination. The ECJ held that she was able to claim that her employer was in breach of Art 157 TFEU on equal pay for men and women.
The English courts are now prepared to apply European Treaty law directly rather than wait for the ECJ to make a ruling on the point, as seen in?
Diocese of Hallam Trustee V Connaughton -996: Connaughton ha been employed as a director of music from 1990-1995 by the Diocese of Hallam, her final salary was £11,138. When she left the job it was advertised for £13,434 but the successful male applicant was appointed for £20,000. The Employment Appeal Tribunal considered Art 157 TFEU and decided its provisions were wide enough to allow Miss Connaughton to make a claim without further appeal to the ECJ.
What are regulations?
Regulations are a secondary source of EU law, the EU has power under Art 288 TFEU to make regulations, they are directly applicable on all member states, so parliament does not have to do anything to incorporate them into English law. The aim of a regulation is to achieve uniformity of law in all member States.
The direct applicability of regulations was tested in the UK in which case?
The Re Tachographs; The Commission V The UK 1979: the EU issued a regulation requiring Tachographs to be installed in lorries. The UK government decided not to implement this and leave the decision over to the lorry owners discretion. This matter was referred to the ECJ who held that member states had no discretion in the case of regulations, they said the wording of Art 288 TFEU was clear and meant that regulations were automatically law in all member states and that member state couldn’t pick and close which regulations to implement and which they would ignore.
What are directives?
Directives are a secondary source of EU law. Art 288 TFEU gives the EU power to make a directive, they are made on many topics such as employment and insurance. They are designed to achieve harmony between all member states. They are directed to achieve a certain objective by a given date but are given flexibility of how to achieve it.
What are treaties?
A treaty is a primary source of EU law, it is a document setting out broad principles of EU law, as far as English law is concerned all treaties signed by our head of government become a part of our English law automatically. This is a result of the European Communities Act 1972, thist means the EU citizens can rely on the principle of the treaty even if they have not be specifically enacted into English law, this is known as direct applicability.
