sources of eu law

Cards (7)

  • what are the three sources of eu law?
    treaties - regulations - directives
  • what is a treaty?
    a treaty is a signed agreement between states. once a treaty is signed it is automatically applicable in member states. this has a direct effect because individuals can start relying on these treaties
  • the case of Connaughton - treaties
    Mrs Connaughton left a job and was replaced by a man who was paid more than her. She claimed this was unfair. under the law set out in the treaty she was right and this was deemed unfair
  • what are regulations?
    regulations are binding on member states meaning they have to follow them. they are issued by the Council of the EU and automatically have to be followed by all member states once signed
  • case of taco graph - regulations
    lorry drivers had machines fitted into the lorry to tell them when they needed to take a break from driving. the UK government delayed installing the machines despite it being a regulation. the court of justice decided that regulations should be followed and that all lorries should now be fixed with this equipment
  • what are directives?
    these cover topics such as insurance and health and safety. member states pass their own laws to implement the directives however the eu commission sets the time limit depending on the directive
  • the case of Marshall - directives
    Ms Marshall was required to retire at 62 but men didn't retire until 65. the equal treatment directive stated that men and women should be treated in the same way and as a result mean and women now retire at the same age according to the directive that all the member states had to follow