European Union - Sources of EU Law

Question 1

What are the two sources of EU Law?

Answer 1

Primary Law Making

Secondary Law Making

Question 2

What comes under Primary Law Making?

Answer 2

Treaties

Question 3

How are treaties implemented into UK Law?

Answer 3

Automatically become Law once signed by PM

Question 4

Give an example of a treaty

Answer 4

Treaty of Lisbon - TFEU

Question 5

What comes under secondary law making?

Answer 5

Regulations
Directives
Decisions

Question 6

What are Regulations?

Answer 6

EU law that member states must implement and therefore it may be relied upon by individuals in any case in the UK
Re Tachographs Commission v UK - UK failed to implement a regulation and was heavily fined as a result

Question 7

What are Directives?

Answer 7

Detailed proposals that must be put into effect, in the UK this required a Statutory Instrument or an Act of Parliament

Question 8

What are Decisions?

Answer 8

Made the council or commission and are only binding on the state/person whom they address

Question 9

What is horizontal and vertical direct effect?

Answer 9

Horizontal - Individual can sue another individual

Vertical - Individual can sue the state

Question 10

Which types of EU law have both types of direct effect?

Answer 10

Treaties and Regulations

Question 11

What type of direct effect do directives have?

Answer 11

Vertical Direct Effect only