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EU Law (Impact of EU Law on UK (Vertical Direct Effect (Where an…
EU Law
Impact of EU Law on UK
Vertical Direct Effect
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Marshall v Southhampton Health Authority - Woman forced to retire before men but under UK law this was not discriminatory. However she could sue under a EU directive even though it had not been fully implemented as it gave her rights
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The concept of state for these purposes is quite wide as in Foster v British Gas it was ruled to be any organisation the state had adopted to give a public service
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Horizontal Direct Effect
Directives which have not been implemented to not give an individual the rights to sue another individual
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Paola Faccini Dori v Receb Srl - Italian govt failed to implement directive on consumer rights so Dori couldn't sue her provider as private
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First established in Van Gend en Loos - in a conflct between Dutch and EU law, ECJ decided they took precedence
Costa v ENEL - even if the domestic law comes after, EU law wins
R v Secretary of State for Transport, ex parte Factortame - UK law only allowed for fishermen to register their vessels if 75% of the men were british but thei went against EU law so was rejected
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In contrast to UK citzen rights to sue w/ Treaties and Regulations, for Directives this is only possible if the Uk has failed to implement it, the purpose of the Directive was to give rights which have consequently been infringed due to the lack of implementation and the Directive is clear
Even then, the citizen can only sue against the UK for affecting their rights
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EU Institutions
The Council of the EU
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Usually the foreign minister, but anyone can be sent and will usually be an expert on the topic discussed e.g. Minister for Finance for an economic topic
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Usually 2x a year, Govt heads will meet at a Summit
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There is also a committee of permeant representatives to help w/ the day-to-day running of the Council
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The European Comission
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Each Commissioner heads a department w/ special responsibility for a particular area of EU policy e.g. agriculture
Has several functions
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Act as a Guardian to the Treaties ensuring they are implemented EU wide. If a MS fails to do this, they have a duty to act or move the matter to the ECJ
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European Parliament
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The number of MEPs per country is decided by their population - so Germany will have more to represent more people
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Within the EP, MEPs group together according to political ideologies, not nationalities
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In 2009, the Treaty of Lisbon reorganised the EU
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Sources of EU Law
Treaties
While the UK is a member, any treaty made by the EU automatically becomes UK law
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They also have an indirect effect or forcing national courts to interpret their own laws in light of EU law
Van Duyn v Home Office - ECJ ruled an individual could rely on the Treaty of Rome on the right to freedom of movement. The Article had direct effect and allowed an individual to sue a public body for preventing this
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Macarthys Ltd v Smith- Woman's employer paid her less than her male predecessor but as they were not employed together there was no breach of UK law. However she was able to make a claim under the TFEU which was confirmed to be possible by the ECJ
Diocese of Hallam Trustee v Connaughton- C was employed as director of music but when she left the position, it was advertised at a higher salary and when a man took the job, he was paid even higher. Due to its similarity to Smith, the Employment Appeal Tribunal implemented the EU law
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Regulations
Under A288 of the TFEU, the EU has to power to administer issue regulations
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Re Tachographs: The Commission v UK- UK ignored regulation to install recording equpipent in lorries. It was ruled that MS had no discretion in implementing regulations
MS cannot pick and choose and al a result, law is uniform
Directives
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They are issued by the Council and directs Ms to bring their laws on a topic in order to harmonise them
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They are not automatically applied and require MS to pass laws on their implementation w/in a strict time frame
This is ususually done via Statutory Instruments in the UK, but can also be done through acts and Orders in Council
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