Sources of EU Law

• What is a primary source?

  Lay down legal framework (treaties)
• What is a secondary source?

  Explain the treaties in more detail
• What is a treaty?

  Automatically apply to law

  If they haven't specifically implemented still entitled to rely on them
• Macarthy's Ltd V Smith?

  woman paid less than previous male

  no breach of english law but successful ECJ
• Hallam trustee v Connaughton?

  job posted at higher salary

  UK Courts applying EU law directly
• What is a regulation?

  Laws which are automatically applied to member states

  ensures uniformity
• Re Tachographs v UK


  Equipment had to be added to lorries, government left it up to drivers to decide

  ECJ -no choice but to implement
• What is a Directive?


  Leave it up to individual state how its implemented

  usually through statutory instruments
• What happens if countries fail to respond to directives?

  If member states haven't implied directive, individual can still rely on it

  given a time frame to implement
• What is Vertical Direct Effect?


  Claim against state if directive hasn't been implemented
• Marshall v Southampton and South West Hampshire?

  woman retired at 62, men retired at 65

  english law- not discrimination

  create claim- arm of the state
• What is horizontal direct effect?

  Can claim damages from country for failing to implement
• Francovich v Italian Republic?


  protection of wages during liquidation

  entitled to compensation