1. 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 Riding
they are addressed
Only requires Decision Working time Marshall v
ratification by the directive Southampton AHA
national Parliament
2. European Communities Act 1972
Some 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 ENEL
Areas covered?
a. drate;
b. sssinbue;
c. kerwros ghirts; Subsidiarity
d. ronimevetn;
e. ranstprot
3. What benefits do we get out of the
EU?
Aiming for the top? Ensure at least one refers to the law or legal processes!
4. 1. Judges must ignore laws made by Parliament if 2. The Supreme Court is no longer the highest
they 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 Medicaments
3. EU citizens can now rely on EU rights in their 4. Judges have had to adapt their style of
national courts, and as such domestic courts statutory interpretation. The EU predominantly
must apply EU law uses the ……………………… approach.
5. 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?
6. 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
8. 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
