European Law
1973 - joined EU, Parliament surrendered some of its supremacy to the EU.
Judges - obliged to follow EU law, give effect to EU law
Citizens - right and obligations under EU law
CJEU - Court of Justice of European Union
supervised the uniform application of EU law, can create case law
Sources of EU law
Treaties
highest source of law within the EU
connected with economic matters (free trade, agriculture, transport)
have direct effect and applicability
direct applicability - automatically become part of the national law of a member state
direct effect - can create individual rights which can be enforced in national courts. Vertical direct effect (individual rights against governments. Horizontal direct effect (rights against other people and organisations)
Regulations
apply throughout the EU, come into force without the need for each country to make its own legislation. Aim - to obtain uniformity of law throughout member states
Directives
do not have immediate binding force in all member states.
set out broad objectives, members create their own detailed legislation to put those objectives into practice
Decisions
binding only on those to whom they are addressed (state, person, company)
European law - supreme, takes precedence over all domestic sources of law
The European Convention on Human Rights
Human Rights Act 1998, came into force 2000
Incorporates Convention into UK law
effect - strengthen the protection of individual rights by the UK courts, provide remedies when these have been violated
Rights
right to life
freedom from torture, inhumane and degrading punishment
right to fair trial
freedom of religion
freedom of expression
freedom of peaceful assembly
right to education
right to marry and found a family
abolition of the death penalty