EU Law (Constitutional Law topic)

What does the EEC do? Free movement of goods - "The common market" Free movement of Persons, Services and Capital Common rules on competition, taxation and approximation of laws Common Agricultural Policy Equal Pay (for men and women)

DevelopmentsTreaties of Rome 1957 Formed the European Economic Community Uk did not join as it feared loss of sovereignty and felt it's economy was strong enough without it Treaty of Accession 1972UK joined with in 1972 and commenced on 1st of January 1973UK Referendum 1975Opted to stay - views may have changed these days?The Single European Act 1986Competencies of EEC expanded to include other areasThe Treaty on European Union 1992 - "Maastricht Treaty"Introduced "Three Pillar System"     - European Community        Foreign Policy and Security      Police, Criminal Justice and Home AffairsMany Member States (excluding UK) agreed to Economic and Monetary Union, with a European Central Bank and a common currencyThe Treaty of Amsterdam 1997Member States obliged to respect human rights as guaranteed by ECHR 1950 and coul be suspended for failing to do soThe Treaty of Nice 2000 European Union CHarter of Fundamental Rights agreed Changed voting structure to accommodate 12 planned new Member States The Draft European Constitution Consolidated all three treaties, codified some court decisions and recognised some existing practices Defeated in several national referenda and replaced by The Treaty of Lisbon

The Council of Ministers Representative from each Member State at ministerial level Presidency rotates every 6 months Ensures objectives set out in the Treaty of Libon are attained Has to agree to new EU legislation for it to be passed - Important decisions need to be unanimous but qualified majority voting is usually used (roughly two thirds) Committee of permanent Representatives prepares the work of the Council and carries out the tasks assigned to it The European Council Not the same as the Council of Europe Meeting every 6 months of the Heads of States and Foreign Ministers together with the President of the Commission Ensures Member States keep control of development and political direction of the EU

The European Commission Recommends actions for the EU Enforces Treaties and EU law by, if necessary, taking Member States to the ECJ One Commissioner for each member state - must be completely independent from government Has a President who provides political guidance and allocates responsibilities Appointments by qualified majority vote by the Council, but the Parliament must agree

The European Parliament Each member states are allocated MEPs, roughly in proportion to their population e.g. UK - 78 Political parties organised at a European level Usually takesd decisions by an absolute majority Elects its own President Has power to question the commission (and can require all Commissioners to resign by a vote of two thirds majority) Approves budget of the EU each year, but can reject by a two thirds majority Co-decision procedure - Commission makes proposal to Parliament and Council who reach a common position (or one can reject the proposal)

The Court of Justice "Shall ensure that in the interpretation and application of the Treaty the law is observed" One judge from each member state Assisted by 8 Advocates-General, who prepare "reasoned submissions" in each case before the court Commission or other Member States can take Member states to court Council, Commission and Parliament can take each other to the ECJ C.I.L.F.I.T Case [1982] ECR 3415 - Courts should only refer if there actually is an issue of EU law to be decided which hasn't already been decided Ordinary citizens can only bring an action if they bring a case in a national court and it is referred to the ECJ under Article 234

Article 249 of the Vienne Convention sets out the different types of EU lawArticles Primary source of EU law Can have direct effect - Van Gend en Loos v Nederlandse Administratie der Belastingen [1963] ECR 1 However, not all have direct effect, it depends upon their wording - Van duyn v Home Office [1974] 3 All ER 178 - e.g. Article 39 - "a precide obligation which does not require the adoption of any further measures" Horizontal direct effect - applies to cases brought against private individuals not just the state - e.g. Defrenne v Sabena [1976] ECR 455 RegulationsAlways direct effect - e.g. Leonesio v Italian Ministry of Agriculture [1972] ECR 287

DirectivesLeft to Member States to implement directivesVertical direct effect Van duyn v Home Office [1974] 3 All ER 178 - Public body is "an emanation of the state" Marshall v Southampton Area Health Authority [1988] AC 618 - "it is necessary to prevent the state from taking advantage of its own failure to comply with community law" Duke v GEC Reliance Ltd [1988] AC 618 - Duke could not enforce the directive against a private employer Paolo Faccini Dori v Recreb Srl [1994] ECR I 3325 - Confirmed that the distinction between vertical and horizontal direct effect was that vertical can't be used on a private employer Foster v British Gas [1990] ECR I 3313 - "an emanation of the state" is a body which has been made responsible by a state measure e.g. an Act of Parliament Indirect effect Van Colson v Land Nordrheim-Westfalen [1984] ECR 1891 - When legislation is specifically introduced the courts are required to interpret the law in order to give effect to the directives purpose Marleasing SA v La Commercial Internacional de Alimentacion SA [1990] ECR I 4135 - Extended to all legislation Damages for failure to implement Francovich v Italian State [1991] ECR I 5357 - State is liable to pay damages if the directive grants rights to individuals and a causal link can be proven Brasserie du Pecheur SA v Federal Republic of Germany [1996] 2 WLR 506 - Extended Francovich to all kinds of EU law that injures individuals R (Factortame) v Secretary of State for Transport (No5) [2000] 1 AC 524 - States are obliged to compensate for the loss if they are responsible for the breach, the rule of law is intended to confer rights on individuals, the breach is sufficiently serious and there is a causal link

Costa v ENEL [1964] ECR 585 - "Consequently a subsequent unilateral law which is incompatible with the aim of the community cannot prevail"Traditional UK view Dicey: Parliament is sovereign BRB v Pickin [1974] AC 765 - An Act of Parliament is supreme Joining the European Community The European Communities Act 1972 - S2 (1) gives effect to all treaties future and past - S2 (2) Allows EU law to implement through delegated legislation - S2 (4) Provides that this delegated legislation can repeal or amend existing Acts of Parliament and "any enactment passed or to be passed... shall be constued and have effect subject to the foregoig provisions of this section"

UK Courts adapting to EU law Bulmer Ltd. Bollinger SA [1974] 4 Ch 401 - Lord Denning MR: "Parliament has decreed that the Treaty is henceforwardto be part of our law. It is equal in force to any statute" Blackburn v AG [1971] 1 WLR 1037 - Lord Denning MR: "Legal theory must give way to practical politics" - Some acts cannot be reversed Macarthys v Smith [1979] 3 All ER 325 - Lord Denning MR: The treaty was an "overriding force" - Parliament can act inconsistently with treaty if it says so in express terms Garland v British Rail Engineering Ltd [1983] 2 AC 751 - Lord Diplock: "Words of a statute passed... were to be construed, if they were reasonably capable of having such a meaning, as intended to carry out the obligation and not to be inconsistent with it" Pickstone v Freemans plc [1989] AC 66 - This could mean implying words into UK legislation

Accepting the supremacy of EU law R v Secretary of State for Transport, ex parte Factortame (No1) [1990] 2 AC 85 - House of Lords said they could not forbid enforcement of an Act of Parliament R v Secretary of State for Transport, ex parte Factortame (No2) [1991] AC 603 - After a reference to the ECJ under Article 234, Lord Bridge stated that "it was the duty of a UK court... to override any rule of national law foundto be in conflict with any directly enforceable rule of community law" Thoburn v Sunderland City Council [2002] 1 CMLR 50 - Laws LJ stated that the European Communities Act 1972 could not be impliedly repealed

European Economic Community

Institutions of the European Union

Types of EU Law

Supremacy of EU Law