UK Law and EU Law Flashcards
1
Q
eu legislation comprises:
A
1) primary legislation in the form of the treaty of rome and subsequent treaties;
2) secondary legislation made by the eu institutions and defined in eu treaty article 249:
- regulations
- directives
- decisions
2
Q
R v Secretary of State for Transport ex p Factortame Ltd (No 2)
A
a national law should be set aside where it prevents the granting of interim relief in a dispute governed by eu law
3
Q
Macarthys v Smith [1979]
A
european communities act 1972 community law was part of english law and where english law was inconsistent with it community law prevailed