Lets Look at the Sources of EU Law in More detailActivity: Can we recall the Sources of Law?
Activity: Can we recall the points of law?1962 1964 1977 1979 1991Van Gend Costa v Enel Simmenthal Re Factortame en Loos Tachographs: Case The Commission v UK.
Lets Look at what we should already know…… Activity: Can we recall what the pictures mean?
The Treaties Are the most importantThey define the powers of source ofthe institutions European LawDefine the rights andobligations of the MemberStates
The TreatiesState the broad Objectives ofthe Union Provide some substantive law e.g Free Movement of Workers under article 39
Treaties are aprimary source oflegislation These are power-giving treaties which set broad policy goals and establish institutions that, amongst other things, can enact legislation in order to achieve those goal
These are effectively the constitutional law of the European UnionThese are created bygovernments fromall EU Member
Treaty of AmsterdamTreaty of RomeTreaty of Nice
The Treaty of Rome 1957 :was the founding treaty ofthe European EconomicCommunity (EEC), which later The treaty focusedbecame the EU. on: economic co-AKA: the Treaty of the operation, but itEuropean Community (TEC), also set out a widerall the subsequent treaties political vision forhave built upon or amended an ever closerthis treaty and its provisions union to eliminatestill form the majority of EU the barriers whichtreaty law. divide Europe.
The Treaty of It created: openAmsterdam 1997: borders betweenwas the framework twelve of thesketched out for member states.joining of 10 newmember states.It changed: the way that decisions were made inthe EU by expanding the number of decisionscovered by Qualified Majority Voting (QMV).For the first time: it gave the Commission a say overthe majority of Justice, which had previously beenin the hands of the European Council.
The Treaty of Nice 2000:Much of the text of theTreaty was concernedwith reforming the Looking forward todecision-making of the enlargement: it setEU. It removed national limits on thevetoes from thirty nine numbers of futureareas. Commissioners and MEPs, revised the voting powers of the member States.
The Treaty of Lisbon:described as an attempt The Europeanto streamline EU Commission: willinstitutions to make the continue to have 27enlarged bloc of 27 commissioners - onestates function better. from each memberThe parliament: will be state. The previouson an equal footing with Nice Treaty envisagedthe for most legislation a smaller.
European Communities Act 1972: provides that atreaty has effect in the UK without enactment. Section 2 of the Act: ensures where there is conflict between European law and National Law European Law should prevail.
The concept of direct applicability : Regulationsrequire no implementing legislation withinindividual member states - they take effect as soonas they are published by the European Commission
Van Duyn v Home Office (1974): The Britishgovernment denied Van Duyn an entry permitbecause she was affiliated with the Scientologyreligion, which the government had believed tobe socially harmful.Held: Under the Treaties of Rome, the Courtruled that states could exclude a national fromanother state on public policy grounds, and inVan Duyns case her affiliation with a group couldbe considered sufficient.
Macarthys Ltd v Smith (1980): inwhich Ms Marshall was requiredto retire at age of 62 while menstayed to 65. She relied on EqualTreatment Directive 76/207 thathad not been fully implementedin the UK.Held: The ECJ held the Directive was sufficientlyclear and imposed obligations on the memberstate, this applied because she worked for an armof the state and could thus rely directly upon thedirective.