Sources of EU law

• Sources of EU law

  ◦       Primary sources (e.g. Treaties) – The Treaty of Rome, The Treaty of the European Union
• Sources of EU law

  ◦       Secondary sources (legislation passed by the Union under Article 288 TFEU), there are three types of secondary legislation:

  -       Regulations

  -       Directives

  -       Decisions 
• Direct applicability – EU law that automatically becomes part of UK law – there is no need for the UK to pass any Act of Parliament (e.g. treaties)
• Direct effect – allows a UK individual to rely on EU law in UK courts 
• There are 2 types of direct effect:

  1.     Vertical direct effect – an individual can use EU legislation against the UK or public body
• There are 2 types of direct effect:

  2.     Horizontal direct effect – an individual can use EU legislation against another individual 
• Treaties 

  Any treaty made by the Union automatically becomes part of UK law (has direct applicability)
• Treaties

  ◦       Van Duyn – held they were entitled to rely on The Treaty of Rome

  ◦       Smith – paid less than male predecessor didn’t breach UK law but breached TFEU
• Regulations 

  Regulations are ‘binding in every aspect and directly applicable to each member state’. They automatically become law in each member country.
• Regulations

  ◦       Tachographs - regulation requiring mechanical recording equipment in lorries was issued but not followed by the UK
• Directives 

  Issued by the council and direct member states to bring laws on a topic to achieve harmony throughout the EU.

  Member states will pass their own laws to bring directives into effect.