sources of law

• What are the 2 different types of EU law?


  - primary

  - secondary
• what is primary EU law?


  Legislation made by European council that sets out main goals (treaties)
• which institution uses primary EU law?


  european council
• who signs primary EU law?


  all heads of state
• what is secondary EU law?


  Legislation proposed & created by EU institutions including:

  Regulations, directives & decisions (Art 288 TFEU)
• who uses secondary EU law?

  Institutions
• What are treaties?


  a binding legal agreement between MS
• what is the highest source of EU law?


  treaties
• what are treaties about?


  Union's aims, institutions & legislative procedures
• Can the commission propose a law if a treaty about that topic wanting to be made law was not given?


  No - commission can only propose law if there is a treaty on it
• who are treaties signed by?


  heads of state
• what are the 2 main treaties?

  - Treaty on the European union (TEU)

  - Treaty on the functioning of the European Union (TFEU)
• Are treaties directly applicable?


  Yes
• What does directly applicable mean?


  Treaties apply directly to all MS as soon as they are signed without passing through domestic governments
• what are regulations?


  the rules made about how the law (treaty) will be carried out
• Who do the regulations apply to?


  all MS
• What is the example of a regulation?


  Regulation 1612 / 68 details specific rights to bring TFEU treaty ( which is the free movement of all workers) to life
• Are regulations directly applicable?


  YES
• are directive directly applicable?


  NO
• due to directives not being directly applicable what do the MS have to do?


  create domestic laws to give effect to directives & they must be activated
• who can be issued a directive?

  to a single MS or multiple or all MS
• what are directives?

  broad objectives; MS decides how objectives are achieved
• what do directives promote across the MS?


  harmonisation
• what is the normal time limit for a directive being introduced?


  normally 2 years & time limit decided by the commission
• when can individuals enforce rights included in a directive?

  when the domestic law is passed but until then they cannot
• give an example of a directive


  Defective products directive
• what was the time limit for this directive being implemented?


  had to be done by 30 march 1988
• what did parliament do to pass this directive?


  passed the consumer protection act 1987 which came into force 1st march 1988
• where do decisions happen?


  - commission

  - council of EU

  - CJEU
• what is a decision?


  a formal method of spelling out policies or starting actions
• give an example of a decision


  Council decision 89/469
• what did this decision say?


  we have to take protective measures to stop mad cow disease spreading
• what did this decision allow EU countries to do?


  ban British beef at the height of the mad cow disease crisis
• Are CJEU decisions binding?


  Yes
• are CJEU decisions directly applicable?


  Yes
• what do decisions from the CJEU provide?


  the case law & correct interpretation that national courts must consider when applying EU law