Unit A 2 Principles of Health and Safety Law Flashcards
Sources of Law
Common law:
Nature and development
Judicial precedent
Statute law:
European Directives and Regulations
UK Acts of Parliament and Regulations Prescriptive and goal-setting legislation
European Directives and Regulations
Directives:
Need to be adopted by member states
Regulations:
Directly applicable law of the EU
Absolute duties
Impose a strict duty: Shall Will Must Statute MHSWR: Regulation 3-Risk Assessment Case of interest: Summers v Frost (grinding wheel)
Practicable
Within current knowledge and invention Cost does not come in to it
Statute:
PUWER Regulation 11 Machinery Guarding Case of interest:
Marshall v Gotham (comparison of practicable and
reasonably practicable - mine roof collapse)
Reasonably Practicable
Cost versus risk Cost includes : Time Trouble Financial Statute PUWER Regulation 11: Machinery Guarding Case of interest: Edwards v NCB (quantum of risk - travelling road in mine gave way)
European Commission
Created in 1974
Discussion forum between national Governments Fixes goals and sets the course for achieving them Formal status in the 1992 Treaty of Maastricht: Defined its function as ‘providing the impetus ’ General political guidelines for development
European Council
On 1 December 2009, with the entry into force of the Treaty of Lisbon, it became one of the recognised
institutions of the Union
The European Council defines the general political direction and priorities of the European Union
The guiding mind
QMV
Requires the following two conditions to be met:
A majority of Member States approve
A minimum of 255votes in favour (out of 345)
In addition, a Member State may as k for confirmation that the votes in favour represent at least 62% of the total population of the Union
If this is not the case, the decision will not be adopted.
European Parliament
The only directly-elected body of the European Union
736 Members of the European Parliament Repres ent the electorate – the ‘heart’or ‘soul’
Elected once every five years
Joint power with the Council over the annual EU budget
Instruments in EU law
Treaties
Regulations
Directives
Decisions
Treaties - Article 95
Such as the Treaty of Rome 95 Made up by various Articles (may be amended by later Treaties ) Article 95now100 of the Treaty of Rome: Remove barriers to trade Ensure unrestricted movement and sale Harmonised product standards Example: Machinery Directive
Treaties - Article 137
Article 137 now153 of the Treaty of Rome:
Concerned with setting minimum standards of H&S Harmonisation of workplace H&S standards Example: Framework Directive
Regulations
Adopted by Council in conjunction with European Parliament or by the Commission alone
A general measure that is binding in all its parts
Unlike directives , which are addressed to the Member States
Unlike decisions , which are for specified recipients Address ed to everyone and are directly applicable Creates law - takes immediate effect in all Member States
Directives
Adopted by Council in conjunction with European Parliament or by the Commission alone
Addressed to the Member States
Main purpose is to align national legislation
Allows choice of form and method adopted by national law Not universally applicable or binding
Decisions
Adopted either by:
The Council
The Council in conjunction with European Parliament
Or by the Commission
The ins trument by which the Community gives a ruling on a particular matter
EU can require a Member State or citizen to take or refrain from taking a particular action
Co-decision Procedure
Introduced by Maastricht Treaty in 1993
Aims to achieve cons ens us between Council and Parliament
Parliament does not merely give its opinion - it s hares legislative power equally with the Council
If Council and Parliament cannot agree on a piece of proposed legislation, it is put before a conciliation committee
Committee compos ed of equal numbers of Council and Parliament repres entatives
Laws usually adopted at the first or second reading
Enforcing European law
Commission acts as ‘guardian of the Treaties ’
Together with the Court of Justice it is responsible for making sure EU law is properly applied in all the member states
First it launches a process called the ‘infringement procedure’
If this procedure fails the matter is referred to the Court of Justice
The Court has the power to impos e penalties
The Court’s judgments are binding on all member states
The European Court of Justice
Composed of 27 Judges and eight Advocates
General Appointed by the governments of Member States for six years Judges elect one of themselves as President for three years
The President directs the work of the Court
Also presides at deliberations of the full Court or the Grand Chamber Advocates General as s is t the Court
European Court of Justice - make up
May s i t as
A full court:
Cases of exceptional importance (e.g. to dismiss a Member of the European Commission)
A Grand Chamber of 13 Judges:
When a Member State so requests , and in particularly complex or important cases
In Chambers of three or five Judges:
Most cases are heard by Chambers of three or five Judges
Statute law
PRIMARY LEGISLATION
Acts of Parliament
Secondary or Delegated legislation:
Regulations
Orders
Rules and Bye-laws
Green Papers and White Papers
Green Paper is a consultation document:
Contains policy proposals for debate and discussion
Before a final decision is taken on the best policy option
Will often contain s everal alternative policy options .
Following this consultation the government will normally publish firmer recommendations in a White Paper
Law Making Process – Primary Legislation
3 readings either houses commons and lords, committee reading and amendments before approval and forward for Royal assent
Making Regulations
Laid before Parliament by the Minister Do not require majority consent Negative veto Expand the basic requirements of an Act: S15 HASWA Relevant to a specific area of H&S
Functions , jurisdiction and powers of courts
Employment Tribunals Magistrates ' Courts County Courts High Court Crown Court Court of Appeal Courts in Scotland Supreme Court European Court of Justice
