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`EU LAW – coursework assessed 2,000 words

LARGE GROUP 1
Student Guide

Introduction to EU Law

The membership and aims of the EU, the EU Law-making institutions, creation
of EU Law and the sources of EU Law

Context

The European Union (EU) is an international organisation formed between many

European countries. Member States joined the EU to work together, particularly in
matters affecting the economy and involving social issues. The EU has its own set of
governing institutions and its own system of law.

The British electorate voted to leave the EU in the 2016 EU Referendum. One of the
consequences of this decision is that the European Union (Withdrawal Act 2018) has
been passed, which will convert EU Law, as it exists at the date the UK leaves the
EU, into UK law (defined as ‘retained EU law’). The UK Parliament will then decide
which EU-derived laws to retain and which ones it will repeal. This will take many
years to complete, so it is important that you have a clear understanding of the key
concepts of EU Law.

At present the UK is a Member State and is subject to EU Law, though is currently

due to leave by 31 January 2020.

Sometimes English lawyers have to interpret and apply EU Law in order to advise a
client correctly. Lawyers with a sound knowledge of EU Law will also be in a good
position to advise their clients about the impact of withdrawal from the EU.

Outcomes

By the end of this Large Group you should be able to:

1. Identify the EU Member States and explain in outline the aims of the European
Union

2. Identify the law-making EU institutions

3. Describe how EU Law is created and identify the key legislative procedures

4. Identify the key sources of EU Law

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1. BACKGROUND EU KNOWLEDGE

Activity 1: What do you already know about the EU?

You will not be examined on Brexit, the European Union Withdrawal Act 2018 or
the European Withdrawal agreement. Transition period ends in December 2020.
The EU rules will be in effect till this and these will become retained law in our
statute books after December 2020.

1. How many Member States are there currently in the EU?

28

2. What happened on 1 July 2013 to the membership of the EU?

Croatia

3. The EU often create laws which set out minimum standards for products. This
is to protect the consumer. The consumer wants to be certain that the product
meets the same standards that apply in all the Member States. This question is
about a minimum standard for a well-known product.

What, according to EU Regulation (EU) No 1333/2011 (a form of EU Law)

must not have ‘abnormal curvature’?

A banana

2. EU MEMBER STATES

Activity 2: EU Member States

You will watch a video. As you do so you will see the names of various
countries appear on screen. Using the table below put a tick against each
country which you think is a member of the EU and a cross against those
which you think are not.

COUNTRY EU MEMBER

Malta Yes
Lithuania Yes
Sweden Yes
France Yes
Poland Yes
Estonia Yes

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Portugal Yes
The Yes
Netherlands
Ireland Yes
Slovenia Yes
Denmark Yes
Luxembourg Yes
Romania Yes
Latvia Yes
United Kingdom Yes - No
Croatia Yes
Belgium Yes
Greece Yes
Slovakia Yes
Italy Yes
Cyprus Yes
Germany Yes
Hungary Yes
Bulgaria Yes
Czech Republic Yes
Finland Yes
Spain Yes
Austria Yes

2.1 Original six countries

• Belgium,
• Germany,
• France,
• Italy,
• Luxembourg,
• The Netherlands

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2.2 Candidate countries

• Albania
• Turkey
• Serbia
• Macedonia
• Iceland – but changed its mind.

2.3 Potential candidate countries

Don’t have the stable enough conditions economically. –

Bosnia and Kosovo

3. AIMS AND ROLE OF THE EU

EU law applies to member states.

3.1 Aims of the EU

Article 3(1) TEU (Treaty of European Union)

The Union’s aim is to promote peace, its values and the well-being of its peoples.

3.2 Values of the EU

Article 2 TEU

Respect for human dignity

Freedom
Democracy
Equality
The rule of law
Respect for human rights, including the rights of minorities.

3.3 How can the EU affect our daily life?

Activity 3 How can the EU affect our daily life?

Human rights, consumer trade, free travel

5. INSTITUTIONS OF THE EU

4.1 Council of the European Union

• A minister from each EU member state government, depending on the topic
this will change. The council co-ordinates the economic policies of the member
states. It also takes part in the decision making process of creating EU Law.
• It has a qualified voting procedure. It must be 55% of member states voting in
favour. They must represent at least 65% of the population of EU.
4.2 European Council

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• This consists of the heads of every member state E.G our Prime Minister.
• This makes key political decisions about the EU.
4.3 European Commission
• Proposes new EU law.
• Ensures member states comply with their obligations under EU law.
• Commissioners are independent of national loyalties.
4.4 European Parliament
• The only directly elected institution.
• It is a simple majority vote

CREATING EU LAW

5.1 Ordinary legislative procedure

• European Parliament has power to propose amendments and veto legislation.
• Commission drafts law and the parliament decides if they want to amend,
reject or use the law.
5.2 Special legislative procedure
• Consultation procedure is not democratic – the council consults the European
parliament but it can ignore what the parliament wants.
• Consent/assent procedure – Both the Parliament and council must agree. The
European Parliament cannot amend the law.

6. HOW EU LAW ARISES IN PRACTICE

Activity 4 Read the scenario and answer the following question

An air hostess complains that she does not receive the same pay as a male air
steward working for the same airline company. This claim mainly involves
employment law and sex discrimination under English law.

Do you think that sex discrimination in the workplace can also involve EU
Law?
Yes it does

7. SOURCES OF EU LAW (20 minutes)

7.1 Primary legislation

SOURCE OF LAW IN ENGLISH LAW IN EU LAW

PRIMARY Act of Parliament Treaty between member states

LEGISLATION – The treaty on the European
Union (Sets out the general
aims and structure of the EU)
and the Treaty on the
functioning of the European
Union (details the substantive
law of the EU) (TEU // TFEU)

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7.2 Secondary legislation

SOURCE OF LAW IN ENGLISH LAW IN EU LAW

Regulation – An EU regulation. These

SECONDARY Statutory have general application throughout the
LEGISLATION Instrument EU and are binding. These are directly
applicable to all member states.
Directive – These are binding to each
member state addressed. Require the
legislation of each member state to
enact them. Used where social,
cultural, political and/or administrative
differences between member states
mean that a ‘one size fits all’ law would
be inappropriate.

Decision – Legally binding. Made by an

agreement between parliament and the
council . These apply to those persons
to whom they are addressed and are
binding in their entirety. They don’t
require the legislatures of member
states to enact them to have legal
effect.

Recommendation – Not legally binding

but have political weight and are
frequently followed.

Opinion – Not legally binding

7.3 Case law

SOURCE OF LAW IN ENGLISH LAW IN EU LAW

CASE LAW
Judgement of the ECJ
Judgment of the (European Court of Justice)
Supreme Court – follows a civil law system.

Judgment of the

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Court of Appeal

7.4 International law

SOURCE OF LAW IN ENGLISH LAW IN EU LAW

INTERNATIONAL Treaty between UK Treaty between EU and

LAW and another country another country.

7.5 EU Secondary Legislation – Regulations and Directives

Article 288 TFEU

‘A Regulation shall have general application. It shall be binding in its entirety

and directly applicable in all Member States.’
- A regulation becomes part of the law of the member state without the need for
any further national law to be passed.

A Directive shall be binding, as to the result to be achieved, upon each Member

State to which it is addressed, but shall leave it to the national authorities the
choice of form and methods.’
- They are not directly applicable and have to be implemented.

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