Introduction to European Union Law
Welcome to one of the most unique parts of your Law studies! Even though the UK has left the European Union (Brexit), understanding EU Law is still vital for your OCR A Level. Why? Because for nearly 50 years, the EU helped shape the laws we live by today in England and Wales. In this chapter, we are going to look at the "Who, What, and How" of the EU—the institutions that make the rules, the different types of laws they create, and how those laws impacted our own legal system.
Don't worry if this seems tricky at first! Think of the EU like a massive sports league. The league has its own rules (EU Law) that all the individual teams (Member States like France, Germany, or the UK in the past) have to follow so that the game is fair for everyone.
1. The Institutions of the European Union
The EU doesn't just have one person in charge. Instead, it has four main "powerhouses" that work together to make and enforce laws. You need to know their membership, role, and legal functions.
A. The European Commission
Who: It is made up of one "Commissioner" from each Member State. They are supposed to be independent and act in the best interest of the EU as a whole, not just their home country.
Role: Think of them as the "Ideas People" and the "Police."
Legal Functions:
1. They are the only ones who can propose new EU laws.
2. They are the "Guardian of the Treaties," meaning they make sure Member States are following the rules. If a country breaks a rule, the Commission can take them to court.
B. The European Parliament
Who: Members of the European Parliament (MEPs) who are directly elected by the citizens of the Member States every five years.
Role: They are the "Voice of the People."
Legal Functions:
1. They discuss and vote on the laws proposed by the Commission.
2. They have "Co-decision" powers with the Council (explained below), meaning both must agree for most laws to pass.
C. The Council of the European Union
Who: This is made up of government ministers from each Member State. Which minister attends depends on the topic (e.g., if the law is about farming, the Agriculture Ministers go).
Role: They are the "Voice of the Governments."
Legal Functions:
1. This is the main law-making body. They vote on the Commission's proposals.
2. They represent the specific interests of their own national governments.
D. The Court of Justice of the European Union (CJEU)
Who: One judge from each Member State, sitting in Luxembourg.
Role: They are the "Referees."
Legal Functions:
1. Interpretation: They explain what EU law actually means if a national court is confused.
2. Enforcement: They decide if a Member State has failed to follow its obligations.
Quick Review:
• Commission: Proposes laws (The Ideas).
• Parliament: Represents the people (The Voters).
• Council: Represents the governments (The Power).
• CJEU: Interprets the law (The Referees).
2. Sources of European Union Law
Not all EU laws are the same. Some are like "Master Rules," while others are more like "Instructions."
Treaties (Primary Legislation)
These are the highest form of EU law. They are agreements signed by all Member States. Think of a Treaty like the "Constitution" or the "Rulebook" of the EU. An example is the Treaty on the Functioning of the European Union (TFEU). They are directly applicable, meaning they automatically become law in every Member State.
Regulations (Secondary Legislation)
Regulations are "Instant Laws." Once the EU passes a Regulation, it applies immediately and totally to all Member States. National governments don't need to do anything—the law just "lands" in their country and must be followed exactly as written.
Directives (Secondary Legislation)
Directives are "Goal-Setting Laws." The EU tells the Member States: "Here is the result we want you to achieve by a certain date." However, the EU lets each country choose their own way to write that law into their national system.
Analogy: Imagine a teacher tells the class "Everyone must have a finished essay by Friday." One student might type it, another might write by hand. The goal (the essay) is the same, but the method (typing or writing) is up to the individual.
Key Takeaway: Treaties and Regulations apply automatically. Directives must be "implemented" (turned into national law) by the Member State.
3. Impact on the Law of England and Wales
This is the part that changed how English Law worked for many years. There are two big concepts here: Supremacy and Sovereignty.
The Concept of Supremacy
During the UK's membership, EU Law was supreme. This means that if an English law clashed with an EU law, the EU law would win, and the English law had to be ignored.
Example: The famous Factortame case. The UK passed a law (the Merchant Shipping Act) that restricted foreign fishing boats. This clashed with EU law. The courts decided that the UK law must be set aside because EU Law was more important.
Parliamentary Sovereignty
In English Law, Parliament is Sovereign, meaning it can usually make or unmake any law it wants. However, while the UK was in the EU, Parliament voluntarily limited its own power. It agreed that it would not pass laws that broke EU rules. This was a massive change to the traditional view that Parliament is the "highest power in the land."
Direct Effect: Extension of Rights to Individuals
The CJEU developed doctrines that allowed ordinary people to use EU Law in their own national courts. This is called Direct Effect.
1. Vertical Direct Effect: An individual can sue the State (the government) for not following EU law.
2. Horizontal Direct Effect: An individual can sue another person or a private company using EU Treaty rights (like the right to equal pay).
Did you know? Many of our rights at work, like the 48-hour maximum working week and paid holiday, originally came from EU Directives!
Common Mistakes to Avoid
• Don't confuse the "Council of the EU" with the "European Council." The syllabus focuses on the Council of the EU (ministers who make laws).
• Don't forget the difference between Regulations and Directives. Remember: Regulations = Direct; Directives = Need to be implemented.
• Don't think EU Law is "dead" in the UK. While we are no longer members, much of the law was "copied and pasted" into our system during Brexit (called Retained EU Law) so that our legal system didn't collapse overnight!
Summary: The "Big Picture"
1. Institutions: Four bodies (Commission, Parliament, Council, CJEU) work together to manage the "league."
2. Sources: Treaties are the rulebook; Regulations are instant laws; Directives are goals to be met.
3. Impact: While a member, the UK had to accept that EU Law was Supremacy, which meant Parliament wasn't fully "in charge" of everything anymore.