• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

EU law

Extracts from this document...


Legislation within the European Union can be divided into two categories; Primary legislation and Secondary legislation. Primary Legislation consists of the Treaties; The founding of which being the Treaty of Rome. Treaties succeeding the Treaty amend it. Primary Legislation is only constructed when all Member States at Intergovernmental Conferences agree on the amendments to be made. Secondary Legislation appears in the form of Regulations, Directives, Decisions, Regulations and Opinions. Article 249(1) states; "In order to carry out their task and in accordance with the provisions of this treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions." Regulations are generally applicable and automatically become law in all Member States. Directives, as stated in Article 249 of the EC Treaty, are; "...binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and method." Directives are aimed at Member States and are conditional, unlike Treaty articles which are not. ...read more.


Regulations and Treaties become part of UK Law and are therefore directly applicable. Directives however are not as there must be a piece of UK legislation implementing it to become part of UK law. EU Law is directly effective as it can be enforced in a UK court. Direct Effect can be partitioned into two types; horizontal direct effect and vertical direct effect. Law that is vertically effective is only enforced against the State; however horizontal direct effect is the concept of Community Law being enforceable against individuals; either people or companies. Directives are only vertically effective, Unlike Regulations and Treaties which are both vertically and horizontally effective. From the unambiguous wording of Article 249 of the Treaty, it is clear that Directives are not to be directly applicable by the same token as Regulations. Decisions however are only enforceable against the parties to which they are addressed. As Directives are commands to a State for the introduction of law into the State's own Law, they are only able in having vertical effect. Directives are not automatically directly effective and conditions apply regarding their enforcement in a National Court. ...read more.


In Marshall v Southampton and South West Hampshire Area Health Authority5 the Court of Justice stated a directive could only be enforced against the state, and that the State is the State despite the purpose it executes. Subsequent to the Marshall case, Foster v British Gas6, the ECJ held that any body providing a public service under state control, which possesses special powers exceeding those normally applicable, would be an emanation of the state. Deriving from the Foster case, three important cases have considered the 'emanation of the state' concept, and the application of the test put down in Foster. One case being National Union of Teachers v The Governing Body of St Mary's Church of England (Aided) Junior School7 held that the State should be defined broadly, and schools and other educational establishments were part of the State. If the further tests under Foster are satisfied, then a Directive is Directly Effective. 1 Case 29/84, para 23 2 Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) ECR 1 Case 26/62 3 (1974) ECR 1337 Case 41/74 4 (1979) ECR 1629 Case 148/78 5 (1986) ECR 723 Case 152/84 6 (1990) ECR I-3313 Case C-188/89 7 [1997] IRLR 630 ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree European Union Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree European Union Law essays

  1. Assignment in EU Law

    In 1994, ECJ again insisted in Dori11 case that there is no need to have a horizontal direct effect because it would not be enforceable against an individual. Even if all the three conditions (which is mentioned above in Van Gend en Loos)

  2. The EU is 'fundamentally undemocratic', discuss.

    to the European Parliament because, this is the only institution that was elected in. The question of democracy clearly points to the role of the European Parliament, because it is the only directly elected body, having only a minor role in the legislative process as opposed to the question of delegation to Committees controlled by the council.

  1. Company Law and Corporate Governance

    The Commission do not believe that a European Corporate Governance Code would offer significant added value but a self-regulatory approach wouldn't suffice to guarantee sound corporate governance. A balance needs to be established62. It was recommended by the Commission, that the role of independent non-executive directors and supervisory directors should be strengthened.

  2. Eu Directives Problem Case. Difficulties arise in situations such as the one faced by ...

    Member States were failing to implement directives on time, thus a damages remedy was needed in order to stop them from neglecting their duties. State liability rules did not only ensure and strengthen individuals' rights; they also closed a long-existing gap in the area of efficient sanctioning of breaches of Community law.

  1. Direct effect is a community concept developed by the court of justice to apply ...

    The court held that this requirement applies to all authorities of member states including the courts, who must interpret and apply legislation adopted to implement a directive in the light of the wording and purpose of the directive in order to achieve the objective of the directive.

  2. Are EC directives directly applicable in member states?

    However, even the ECJ conceded that there were limits to the principles of indirect effect. In Von Colson, the national courts' obligation to give indirect effect to Community Directives was expressed to exist 'insofar as they have discretion to do so under national law.'

  1. The rule against the horizontal direct effect of directives should be abandoned" Discuss.

    Francovich32 in which it was declared that member states may be liable to make good damage for its failure to implement a directive33. Do we need an extension of the principle? A considerable literature has been generated upon the issue of horizontal direct effect and the arguments have remained the same throughout the years.


    In Van Gend en Loos case, Van Gend en Loos v. Nederlandse Administratie der Belastingen , the ECJ held that Article 12(now 25) had direct effect (the principle that Community legislation must be applied by national courts as the law of the land)

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work