Mix’n’Match Binding as to the Treaties 1612/68 Workers’ Josemans v result Art. 249 families may also Maastricht move Binding in their Regulations Lisbon Leonesio entirety Binding to the Directive Van Gend en Loos Gibson v East parties to whom Ridingthey are addressed Only requires Decision Working time Marshall v ratification by the directive Southampton AHAnational Parliament
European Communities Act 1972Some basics... R v Secretary for State for Employment ex parte Equal Opportunities Commission (1994) Supremacy is an What do we get invention of the ECJ. It from EU? is not in the Treaties Van Gend en Loos Costa v ENELAreas covered? a. drate; b. sssinbue; c. kerwros ghirts; Subsidiarity d. ronimevetn; e. ranstprot
What benefits do we get out of the EU? Aiming for the top? Ensure at least one refers to the law or legal processes!
1. Judges must ignore laws made by Parliament if 2. The Supreme Court is no longer the highestthey conflict with EU laws. court in England and Wales. It is bound by the European Court of Justice under s.3 (1) ECA.Factortame Re Medicaments3. EU citizens can now rely on EU rights in their 4. Judges have had to adapt their style ofnational courts, and as such domestic courts statutory interpretation. The EU predominantlymust apply EU law uses the ……………………… approach.
So, has EU law taken over? Bulmer v Bollinger 1974 Post Factortame “The Treaty is like an incoming tide. “a tidal wave… - to the It flows into the estuaries and up dismay of all” the rivers. It cannot be held back.” The EU Bill More recently... Task: Read the enclosed articles and answer the following questions: Commission of the European Vs 1. What are the main provisions of Communities v Council of the the Bill? European Union (2005) 2. What is the importance of Clause 18? 3. Does the Bill affect the current supremacy of EU law?
Lisbon...A more democratic approach? Council of Ministers Double Majority Voting Loss of Veto President National Parliaments Objection European Parliament Has Lisbon created a Number of MEPs more democratic EU? Ordinary Legislative Process Citizen’s rights Right of initiative Or has it created a more autocratic EU? European Commission Foreign Minister for Europe Legal Personality European Union
How much of EU law do you know? Primary Legislation Secondary Legislation Means... Means... e.g. e.g. e.g.Comes into Cases power... e.g. Comes into Comes into power... power... Comes into power... Cases Cases Cases Horzontally Directly applicable Directly effective Vertically Directly effective