EU LAW
How EU Law is made
Institutions of the EU
Sources of EU Law
European Parliament
European Council
Council of the European Union
Court of justice of the EU
Primary sources
Treaty Articles
Secondary sources
Regulations
Brexit and the UK constitution
Comprise of the heads of state and government.
Strategic decisions but no formal powers
only recognise din the treaties since TEU 1992
Comprises 28 judges 1 selected from each member state for a renewable 6 year term
Interpret and enforce EU Law and make rulings on preliminary references from national courts
European Commission
Has one commissioner selected from a member state for a renewable 6 year term
Proposes and drafts legislation
Enforces EU Law against member states
Has ministers representing each member state with expertise on the subject in question
Makes policy decisions
Has legislative and budgetary functions
Composed of member elected by citizens
5 year membership terms
Are consulted on legislative matters and are scrutinised
Approves budget and supervises other institutions
Directions
Decisions
Recommendations and opinions
First- Citizens/interested groups discuss and consult.
Then- Commission makes a formal proposal.
Then- Parliament & Commission decide jointly.
Then- National or local authorities start to implement
Lastly- Commission and Court of Justice monitor the implementation
EU Law is Supreme to UK National Law, has been since the Declaration in the Treaty of Lisbon and was further confirmed in the case of Costa v ENEL which established the supremacy of EU Law
The general principles of EC law is, equality, certainty, expectations, human rights.
The 4 freedom's of EC Law: 1) Goods 2)Services 3)People 4)Establishments
The UK does not have a written constitutions but it still has one, takes the morals and principles and documentation from things such as the Magna Cater
It will take years to disentangle EU Law from UK National Law