EU Rights & National Law Flashcards
What the primary sources of EU secondary legislation
Regulations and directives
Which institutions are involved in making EU secondary legislation
European Parliament
the council
the commission
In article 288 (TEAC) what is a regulation
Regulation is binding in its entirety and directly applicable in all member states
In article 288 (TCC) what is a directive
The directive is binding on each member state but must first be enacted in national legislation
In article 288 (TCC) what is a decision
A decision is binding on whoever it is addressed to
Under article 288 (TCC) are recommendations and opinions binding
No they have no binding force.
They are simply a means by which the council can convey their views on a particular topic
What is direct applicability
It refers to the way in which EU law will take effect in member states
Our treaties and regulation directly applicable
Yes they are instantly applicable in all member states have direct effect either in the member states court against the state or individual
Our directives directly applicable
Now they need to be enactedInto member states national law so therefore do not have direct effect
What other two types of direct effect
Vertical
laws take direct effect in a member state court and or against the member state
horizontal
laws take direct effect in the member state and can be used against an individual
What is the ultimate source of law and civil law system
The code
e.g. French code Napoleon which attempts an all embracing statement of law
it is the principle on which the law is based
What is understood by the primacy of the code
It means the courts may not make law they can only apply it
If an individual wants to rely on EU law to which court should they apply
Their own member states national court
Costa Case
Even if the law has been passed after the EU Law EU law must stillbe applied
