EU law making

After engaging with this chapter, students should be able to:

Historical Context: The United Kingdom joined the European Economic Community (EEC) on 1 January 1973, marking the inception of European Union law.
Founding Members: The EEC was formed in 1957 by Germany, France, Italy, Belgium, the Netherlands, and Luxembourg through the Treaty of Rome.
Evolution of the EU: The term 'European Union' was officially introduced by the Treaty of European Union in 1993.
Subsequent Enlargements:
- 1973: Joined by Denmark and Ireland.
- 1980-1995: Included Greece (1981), Spain and Portugal (1986), Austria, Finland, and Sweden (1995).
- 2004: Expanded further with Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic, and Slovenia.
- 2007: Bulgaria and Romania joined.
- 2013: Croatia became the latest member, bringing the total to 28 Member States.

Composition: Representatives from each member nation attend, usually the Foreign Minister, but other ministers may participate based on the agenda.
Decision Making: Involves qualified majority voting in 80% of decisions under a double majority structure:
- 55% member states in favor (16 of 28 states)
- Supported by states representing at least 65% of the total EU population.
European Council/Summit: Heads of government convene twice yearly to discuss overarching policies.

Composition: 28 Commissioners, one from each Member State. They serve five-year terms.
Functions:
- Proposes new legislation.
- Guardian of the treaties, ensuring compliance by Member States.
- Oversees union administration and manages the budget.

Composition: Directly elected Members of the European Parliament (MEPs)—751 total—representing various political groups rather than national factions.
Legislative Role:
- Co-legislative power with the Council; can propose amendments and reject proposals.
- Approves international agreements and reviews the Commission's work.

Function: Defined in Article 19 TEU, ensuring interpretation and application of treaties maintain legality.
Composition: 28 judges and 11 Advocates General. Each judge serves a term of six years.
Key Functions:
- Ensures uniform law application among Member States.
- Hears cases of treaty obligations' non-fulfillment initiated mainly by the Commission.
- Processes preliminary rulings under Article 267 TFEU, which acts as binding precedents across the Union.

Decides on Member State compliance with treaty obligations (e.g., Re Tachographs case of 1979).
Handles preliminary references from national courts which are binding.

Rulings by the Court have binding competency on national courts concerning the interpretation of EU law.
Article 267 TFEU outlines when national courts must refer EU law questions to the Court for ruling.

Emphasis on written presentations; far less oral argument.
Advocate General presents legal findings after submissions to provide comprehensive legal opinions.
Unlike English courts, deliberation is confidential and decisions are signed by all judges.
The Court interprets law broadly, often using extrinsic evidence to inform decisions.

Primary Sources: Constitutively include the Treaties, notably the Treaty of Rome and the Treaty of the European Union.
Secondary Sources: Made under Article 288 TFEU, can be considered in three forms:
- Regulations: Binding and automatically applicable in all Member States without national implementation.
- Directives: Require national legislation for implementation but allow states discretion in how to achieve specific results.

UK law incorporates EU Treaties under European Communities Act 1972, s 2(1).
Direct enforceability by individuals in UK courts, as seen in Van Duyn v Home Office (1974).

Must be adopted uniformly across all concerned Member States. Tested in Re Tachographs (1979) where the UK failed to implement a regulation.

Serve as vehicles for harmonization among Members. Require implementation deadlines, usually through statutory instruments in the UK.
Example: Consumer Protection Act 1987 implemented a 1985 directive; individuals can seek remedy against states for non-implementation (see Marshall v Southampton case).

EU law has precedence over national law, originally established in Van Gend en Loos (1963) and reinforced through the Factortame case (1990).
Sovereignty Implications: While the UK Parliament retains ultimate authority, EU law complications impact legislative process.

Legal Hierarchy: EU law supersedes conflicting UK law.
Direct Effect: Treaties and regulations provide direct applicability; directives confer rights but require implementation.
Parliament's sovereignty is curtailed while EU membership persists, reinforcing the necessity for clear distinctions within EU law structures.