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Lecture notes Constitutional and Administrative Law (LW1120)
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lecture notes for the EU
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The EU: Development of EU
o 1951 Treaty of Paris (establishing European Coal and Steel Community); no EU yet,
just ECSC.
o 1957 Treaties of Rome (established European Atomic Energy Community and
European Economic Community)
o 1992 Treaty on European Union (Maastrict) social and political goals; foreign affairs
o Lisbon Affairs
Institutional Structure of EU:
o Commission
o European Parl
o Council-gov representatives (ministers from uk) discuss diff issues; leg functions and
makes policy
o Court of Justice-judges from across eu member countries; ECJ ensures EU law
complied with. Ensure instit bodies act lawfully.?
o Court of Auditors-scrutinise how money is used?
o European Council-head of EU members states
Types of EU laws:
o Treaties-highest forms of law; states consenting? Source of law; similar to const. no
power outside treaties.
o Regulations-similar to statutes/acts of parl. general applications
o Decisions-binding by indiv named?
o Directives-binding on all members of states of directives? How would they
implement? Targets and goals are binding.
ECJ and European Legal Supremacy-
o Van Gen den Loos:EU creates rights for indiv. Which can be relied on directly
o Costa v ENEL: domestic laws inconsistent with EU Law will not prevail
Direct Effect-EU laws enforceable in ordinary national courts without need for further
implementation
o Regulations=yes
o Treaty provisions=yes if unconditional and sufficiently precise
o Directives=yes if:
a. Unconditional and sufficiently precise; and
b. Implementation date passed;
c. BUT only VERTICALO direct effect not horizontal. Can sue state
UK Entry:
o Not orig member-not one of orig 6 members, not there at beginning
o Negotiations for entry
o White paper 1971
o Vote in HoC
o European Communities Act (1972)-bill passed; 12 sections. Key provision in s.2(1)
ensures direct legal effect in uk; distinguishes European Law to international; parl
has less work to do. Parl doesn’t have to do anything, EU Law applies automatically,
delegating law making to EU. S.2(4)-European Law is Supreme to domestic law. EU
law is higher law. Agreed to facts that Acts of Parl no longer higher ….
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