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EU Law (Primary Source of EU Legislation: Treaties (The Single European…
EU Law
Final Source of Law in Ireland
Primary Source of EU Legislation: Treaties
The Amsterdam Treaty 1997
Policies on social integration: immigration, public health, equality, unemployment
The Maastricht Treaty 1993
Enhanced economic and political integration, e.g. creation of European citizenship and single European currency
Replaced Community with the Union (EC to EU)
The Nice Treaty 2001
Changed how power is divided between EU institutions
Enabled enlargement of the EU from 15 to 25 and then 28 states
The Single European Act 1987
Removal of trade barriers between member states
Increased voting power of the European Parliment
Advanced economical and political integration
The Lisbon Treaty 2009
Increasing standards on accountability, transparency on all member states
Makes the
EU Charted of Fundamental Rights
(
human rights as recognised by the EU
) legally binding document
The Treaty of Rome 1957
Founded the European Community
Established the Institutions of Europe
Considered to be constitutional law of the EU. When the come into force, automatically they become law in every member state.
Secondary EU Legislation: regulations
Not all secondary laws can be implemented by way of regulations, because each member has a different social/economic/legal infrastructure
Published in the Official Journal of the EU with the date of coming into force stated
Immediately binding and directly applicable on all member states (e.g.
EU Liquids Regulations
which restricts carrying liquids into the departures areas of airports across the EU)
Secondary EU Legislation: Directives
If a member state fails to transpose all/part of the directive within the time frame, the European Court of Justice has the power to impose a fine on member states
Directive is binding but not directly applicable
Member states are under an obligation to adapt their national laws in line within a specified timeframe
Instructions by the EU to all member states to legislate on a particular area of law within a specified timefame
e.g.
Organisation of Working Time Act 1997
which transposed EU Directive into Irish law
If a directive has not been transposed into national law a person whose rights are adversely affected can enforce the directive directly in national courts