The European union and its sources Flashcards
What are the different sources of EU law?
- Treaties (primary legislation)
- Regulations (secondary legislation)
- Directives (secondary legislation)
What is meant by a treaty?
-highest form of EU law
-lay down aims, rights + obligations
-heads of state sign +directly applic.
Which cases go with treaties?
Van Gend en Loos (1963)- courts can rely on treaties
Macarthys v Smith (1979)- equal pay- horizontal effect.
What is a regulation?
-specific in their wording and become law automatically
-commission suggests + parliament confirms
Which cases go with regulations?
Leonesio v Italian Ministry of Agriculture (1973)- italy ignoring over production subsidies.
What is a directive?
-unspecific + not directly applicable
-tend to indicate objectives
-UK did pass acts of parliament to do this.
This no longer applies to the uk!
ONLY APPLIES VERTICALLY
Which cases go with directives?
R (The Mayor and Citizensof Westminster City Council) vThe Mayor of London (2002)- DIRECTIVES A RIGHT FOR CITIZENS