• 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...

Introduction

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.

Middle

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.

Conclusion

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. Critically discuss the proposition that the Treaty of Lisbon has completed the evolution of ...

    The legally binding status of the Charter allows fundamental rights to gain a new momentum in the case-law of the Court and within the legal order. However, despite these advancements in the EU legal order, future treaties and uncertain political times ahead, ensure that the EU legal order has not

  2. How far has the creation of a single market in goods resulted in the ...

    However, 'public policy' apparently has boundaries very narrowly defined from the outset. In R v Thompson[1978]67 the ground was successfully used to justify restricting important and export of gold coinage to protect the right to mint coinage, however, case law in general has been cautious not to make the ground a 'catch-all' safety net for states68.

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

    of the text and the aims of the directive to achieve the results envisaged by it.'16 In Johnson v Chief Constable of the RUC17 the court suggested that it was the duty of national courts to interpret national law in conformity with EC law (indirect effect)

  2. Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, ...

    It is a product of a global community and can therefore only truly be governed by a global system of governance. The EU Directive is only applicable within the EU, much of the infringement can take place anywhere else in the world - the EU cannot guarantee the right-holder protection from this.

  1. European Law

    decided that this point should be admissible. The second complaint was that the UK had not taken all the measures necessary to implement the directive correctly and was in breach of Article 249 of the EC Treaty of failure to fulfil obligations.

  2. Annotated Bibliography - How the EU works and History.

    In other words, it was intended to promote the operation in generation and distribution of nuclear energy. The treaty took a functionalist approach as well as a neo-functionalist approach by not taking any one but all six countries as one economic unit and people, services and good could move within the 6 countries.

  1. What was the relationship between the Factortame case and the Treaty of Rome 1957?

    Articles 5, 7, and 221 of the Treaty were also breached[73][74].Thus, actions by the Commission under Article 169[75] and Article 186[76] resulted in the disapplication of the offending sections of the Act[77].One can therefore deduce that the Merchant Shipping Act 1988 s14[78] constituted discrimination, as it was in breach of

  2. EU Law - Albatros Pool problem case. Mark and Sunita must be advised that ...

    Mark can be advised that it is the Foster case which establishes that a public body is defined as any body made responsible for providing a public service under the auspices and control of the state "which has for that purpose special powers beyond which result from the normal rules applicable in relations between individuals".

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