EU Law.

European Union Law

EU Law is a critical area of legal study that explores the structure, principles, and influence of the European Union (EU) legal framework. Although the UK has left the EU, the study of EU law remains relevant for understanding retained EU law and its continued influence in specific contexts. Below is an overview of EU law's foundational aspects:

Foundations of EU Law

History and Development

  • Treaty of Rome (1957):

    • Established the European Economic Community (EEC), focused on economic integration.

  • Treaty of Maastricht (1992):

    • Created the European Union and introduced EU citizenship.

  • Treaty of Lisbon (2009):

    • Strengthened EU institutions and clarified competences.

Key EU Institutions

  1. European Commission:

    • Proposes legislation and ensures EU law compliance.

  2. European Parliament:

    • Directly elected body; co-legislates with the Council of the EU.

  3. Council of the European Union:

    • Represents member states; adopts legislation with Parliament.

  4. Court of Justice of the European Union (CJEU):

    • Ensures uniform interpretation and application of EU law.

  5. European Council:

    • Sets strategic priorities and resolves high-level disputes.

Sources of EU Law

Primary Sources

  • Treaties:

    • Foundational agreements like the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU).

  • Charter of Fundamental Rights of the EU:

    • Enshrines human rights recognized within the EU.

Secondary Sources

  1. Regulations:

    • Directly applicable in all member states (Re Tachographs: Commission v UK).

  2. Directives:

    • Require national implementation but leave discretion in form and methods (Van Duyn v Home Office).

  3. Decisions:

    • Binding on those to whom they are addressed.

  4. Recommendations and Opinions:

    • Non-binding guidance.

General Principles of EU Law

  • Proportionality.

  • Legal certainty.

  • Fundamental rights protection.

Key Principles of EU Law

Supremacy of EU Law

  • EU law takes precedence over conflicting national laws (Costa v ENEL).

  • Post-Brexit, the UK no longer recognizes EU law's supremacy, but retained EU law applies where incorporated into domestic legislation.

Direct Effect

  • Allows individuals to invoke EU law in national courts.

  • Vertical Direct Effect:

    • Applies to treaties, regulations, and directives against state bodies (Van Gend en Loos).

  • Horizontal Direct Effect:

    • Limited to treaties and regulations, not directives (Marshall v Southampton and South-West Hampshire Health Authority).

State Liability

  • States can be held liable for breaching EU law if the breach causes loss (Francovich v Italy).

Subsidiarity and Proportionality

  • Subsidiarity:

    • EU acts only where it adds value compared to national action.

  • Proportionality:

    • Measures must not exceed what is necessary to achieve objectives.

Brexit and Retained EU Law

  • European Union (Withdrawal) Act 2018:

    • Preserved EU law in domestic law post-Brexit as "retained EU law."

  • Ongoing Influence:

    • EU law remains relevant in areas such as trade, environmental law, and citizens’ rights.

Key Case Law

  1. Van Gend en Loos (1963):

    • Established direct effect of EU law.

  2. Costa v ENEL (1964):

    • Affirmed the supremacy of EU law.

  3. Francovich v Italy (1991):

    • Developed the principle of state liability.

  4. Factortame (No 2) (1991):

    • Demonstrated the practical application of EU law supremacy in UK courts.

  5. Simmenthal (1978):

    • National courts must disapply conflicting national law.

Fundamental Freedoms of the EU

Free Movement of Goods:

  • Prohibited Restrictions:

    • Tariffs (Commission v Italy – Art Treasures).

    • Quantitative restrictions (Dassonville).

    • Measures having equivalent effect (Cassis de Dijon).

Free Movement of Persons:

  • EU citizens can move freely for work, education, or residence (Directive 2004/38/EC).

  • Workers' rights protected under Article 45 TFEU (Bosman).

Free Movement of Services and Establishment:

  • Service providers can operate across borders (Article 56 TFEU).

  • Right to set up businesses in other member states (Gebhard).

Free Movement of Capital:

  • No restrictions on capital transfers between member states (Article 63 TFEU).

Enforcement of EU Law

Preliminary Rulings (Article 267 TFEU):

  • National courts may (or must) refer questions on EU law interpretation to the CJEU (Van Gend en Loos).

Infringement Proceedings (Article 258 TFEU):

  • Initiated by the European Commission against member states for breaches of EU law (Commission v France).

Judicial Review:

  • Acts of EU institutions can be reviewed for legality (Plaumann v Commission).

Practical Applications of EU Law

  1. Advising Clients:

    • On rights derived from retained EU law in the UK.

  2. Business Operations:

    • Ensuring compliance with EU market standards post-Brexit.

  3. Litigation:

    • Invoking direct or indirect effects of EU principles in disputes.

Tutoring Focus Areas

  • In-depth exploration of Supremacy and Direct Effect.

  • Case law analysis and application to hypothetical scenarios.

  • Exam preparation: structured answers for essay and problem questions.

  • Understanding the ongoing role of EU law post-Brexit.

Would you like to focus on a specific area, such as fundamental freedoms, supremacy, or case law? Or would you like help analysing a problem question related to EU law? Speak with a EU Law Tutor.

The Benefits

Discover why you should choose City Law Tutors. Why us?

The Next Step

Purchase a trial session or purchase tutoring or our study guides and get started with City Law Tutors!