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Sources of EU Law - Primary (:black_flag: European Communities Act 1972…
Sources of EU Law - Primary
Primary EU law
the Treaties
binding agreements between EU Member States
every action taken by the EU is based on the Treaties
they are the starting point for EU law
Examples of Treaties
Treaty of Rome
Treaty of European Union
Treaty of the Functioning of the European Union
What do they set out?
the relationship between EU and Member States
EU objectives
rules for EU institutions
how decisions should be made
:black_flag: European Communities Act 1972
states that any treaties made by the EU are automatically part of UK law
while the UK remains a member of the EU, UK citizens can rely on the rights set out in the treaties, even if such rights have not been separately enacted in English law
e.g. does not have to come from a case or made into a separate UK statute
:red_flag: Macarthys Ltd v Smith
such rights can be enforced in national courts, as well as in the CJEU
known as "direct effect"
treaties have direct effect on UK legal system
:red_flag: Hallam v Connaughton