Sources of EU law & Impact on the law of England and Wales

8 Mark question

Sources of EU law

• Treaties

• Regulations

• Directives

Treaties

Documents agreed and signed by the individual Member States which automatically becomes law

Regulations

Laws issued by the Council or Parliament which are binding on Member States, automatically apply and have direct effect, allowing an individual to rely on the law

Directives

Laws issued by the Council or Parliament requiring Member States to bring in their own law, so harmony of law is achieved throughout the EU

What kind of source are Treaties?

Primary - created by Member States

What kind of source are Regulations?

Secondary - created by EU rather than Member States

What kind of source are Directives?

Secondary - created by EU rather than Member States

Effect of Treaties

Direct - takes immediate effect when it is signed

Effect of Regulations

Direct - takes immediate effect when it is signed

Effect of Directives

Indirect

Why did Treaties not need to become law in the UK?

Doesn’t need an Act of Parliament - signing a treaty means you automatically accept the contents

Who could rely on Treaties?

EU Citizens

Identify 2 examples of Treaties and what they created

• Rome 1957 - created the Common Market (Free trade)

• Maastricht 1992 - created the EU & Euro

Identify a case that enforced Treaties in law

Van Gend En Loos

Identify a part of a treaty that allows for regulations

Article 288 - Treaty on the functioning of the EU (TFUE)

Who creates regulations?

Council

What can Member States not do about regulations?

Cannot ignore them - must follow

Identify an example regulation

Unfair Terms in Consumer Contracts Regulations 1994

Identify a case that enforced Regulations in law

Internationale Handelsgesellschaft

When do Directives have to be implemented?

Within a certain timeframe

How should Directives be implemented in the UK?

• Orders in council

• Statutory Instruments

• Via Act of Parliament

Why can individuals rely on Directives?

Otherwise there is inconsistency for different EU citizens

Identify 2 examples of Directives

• The Equal Treatment Directive

• Liability For Defective Products Directive - implemented by the Consumer Protection Act 1987

Identify a case that enforced Directives in law

Marshall v Southampton and South-West Hampshire Health Authority

(Marshall v Southampton Health Authority)