Sources of EU law Flashcards
What are the three sources of EU law
Treaties, regulations and directives
What are the effects of treaties?
Primary legislation
Automatically part of Member State’s law
What does the European Communities Act 1972 allow?
Individuals to directly rely on treaty provisions.
Case example of individuals relying on treaties?
Van Duyn v Home Office
What are the effects of regulations?
It is binding on Member States
Automatically apply in each Member State
What are the effects of directives?
Member States have to pass their own laws to implement directives, within time limit.
Case examples of directives
Marshall v Southampton
What is horizontal direct effect?
Horizontal direct effect means that you can use EU legislation against another individual.
What is horizontal direct effect?
Horizontal direct effect means that you can use EU legislation against another individual.
Van Duyn v Home Office
Dutch national wanted to enter UK to work for Scientology, was refused. State not allowed to refuse own nationals the right of entry or residence.
Marshall v Southampton
Challenged different retirement age of women and men. No horizontal effect of treaties,
