2. Lets Look at the Sources of
EU Law in More detail
Activity: Can we recall the Sources of
Law?
3. Activity: Can we recall the points of
law?
1962 1964 1977 1979 1991
Van Gend Costa v Enel Simmenthal Re Factortame
en Loos Tachographs: Case
The
Commission v
UK.
4. Lets Look at what we should
already know……
Activity: Can we recall what the
pictures mean?
5. The Treaties Are the most
important
They define the powers of source of
the institutions European Law
Define the rights and
obligations of the Member
States
6. The Treaties
State the broad Objectives of
the Union
Provide some
substantive law e.g
Free Movement of
Workers under
article 39
7. Treaties are a
primary source of
legislation
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
8. These are effectively the
constitutional law of
the European Union
These are created by
governments from
all EU Member
10. The Treaty of Rome 1957 :
was the founding treaty of
the European Economic
Community (EEC), which later
The treaty focused
became the EU.
on: economic co-
AKA: the Treaty of the operation, but it
European Community (TEC), also set out a wider
all the subsequent treaties political vision for
have built upon or amended 'an ever closer
this treaty and its provisions union' to 'eliminate
still form the majority of EU the barriers which
treaty law. divide Europe'.
11. The Treaty of It created: open
Amsterdam 1997: borders between
was the framework twelve of the
sketched out for member states.
joining of 10 new
member states.
It changed: the way that decisions were made in
the EU by expanding the number of decisions
covered by Qualified Majority Voting (QMV).
For the first time: it gave the Commission a say over
the majority of Justice, which had previously been
in the hands of the European Council.
12. The Treaty of Nice 2000:
Much of the text of the
Treaty was concerned
with reforming the Looking forward to
decision-making of the enlargement: it set
EU. It removed national limits on the
vetoes from thirty nine numbers of future
areas. Commissioners and
MEPs, revised the
voting powers of the
member States.
13. The Treaty of Lisbon:
described as an attempt
The European
to streamline EU
Commission: will
institutions to make the
continue to have 27
enlarged bloc of 27
commissioners - one
states function better.
from each member
The parliament: will be state. The previous
on an equal footing with Nice Treaty envisaged
the for most legislation a smaller.
14. European Communities Act 1972: provides that a
treaty 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.
15. The concept of direct applicability : Regulations
require no implementing legislation within
individual member states - they take effect as soon
as they are published by the European Commission
16. Van Duyn v Home Office (1974): The British
government denied Van Duyn an entry permit
because she was affiliated with the Scientology
religion, which the government had believed to
be socially harmful.
Held: Under the Treaties of Rome, the Court
ruled that states could exclude a national from
another state on public policy grounds, and in
Van Duyn's case her affiliation with a group could
be considered sufficient.
17. Macarthys Ltd v Smith (1980): in
which Ms Marshall was required
to retire at age of 62 while men
stayed to 65. She relied on Equal
Treatment Directive 76/207 that
had not been fully implemented
in the UK.
Held: The ECJ held the Directive was sufficiently
clear and imposed obligations on the member
state, this applied because she worked for an arm
of the state and could thus rely directly upon the
directive.
