European Union law

Welcome to the World of European Union Law!

Hello! Don't worry if the term "European Union Law" feels a bit intimidating at first. Even though the UK has left the EU, understanding how this law worked during our membership is a vital part of your "Law Making" module. It helps us understand where many of our current rules came from and how the power of our own Parliament was affected. Think of it as learning the "history of the house" we still live in!

In this chapter, we are going to look at the Institutions (the groups that make the rules), the Sources (the types of rules they make), and the Impact (how those rules changed things for people in England and Wales).

1. The "Big Four" Institutions of the EU

To understand how the EU makes law, you need to know who is in the room. Imagine the EU is like a massive school. You have the governors, the headteacher, the student council, and a referee. They all have different jobs.

A. The European Commission (The "Ideas People")
Membership: One Commissioner from each member state.
Role: They are the "executive." Their main job is to propose new laws. They are also the "Guardians of the Treaties," which means they make sure everyone is following the rules.
Analogy: Like a headteacher who comes up with new school rules to make things run better.

B. The European Parliament (The "Voters' Voice")
Membership: Members of the European Parliament (MEPs) who are directly elected by people in each country.
Role: They discuss and vote on the laws proposed by the Commission. They also have a big say in the EU's budget.
Analogy: Like the Student Council, representing the students (the citizens).

C. The Council of the European Union (The "Governments' Voice")
Membership: Government ministers from each member state (e.g., if the law is about farming, the Agriculture Ministers attend).
Role: This is where the national governments have their say. They also vote on the laws proposed by the Commission. A law usually needs the "green light" from both the Parliament and this Council to pass.
Common Mistake: Don't confuse this with the "Council of Europe" (an entirely different organization) or the "European Council" (the heads of state).

D. The Court of Justice of the European Union / CJEU (The "Referees")
Membership: One judge from each member state.
Role: They make sure EU law is interpreted and applied in the same way in every country. If there is a dispute about what a law means, the CJEU has the final word.
Analogy: Like a referee in a football match who makes sure everyone follows the same rulebook.

Quick Review: The Commission proposes, the Parliament and Council decide, and the CJEU interprets.

2. The Sources of EU Law: Where do the rules come from?

Just like English law has different sources (like Acts of Parliament or Judge-made law), EU law has its own "recipe book" for rules.

Treaties (Primary Legislation)
These are the highest form of EU law. They are agreements signed by all member states. They set out the goals of the EU and the powers of the institutions.
Example: The Treaty on the Functioning of the European Union.

Regulations (Secondary Legislation)
These are automatically law in every member state the moment they are passed. Individual countries don't have to do anything to make them work; they just apply instantly.
Analogy: A "Direct Command" from a teacher that everyone must follow immediately.

Directives (Secondary Legislation)
These set a goal that every member state must achieve by a certain date, but it lets each country decide how to write the law into their own domestic system.
Analogy: A teacher saying, "You must all have a completed project by Friday, but you can choose whether to use PowerPoint or a poster."

Key Takeaway: Treaties are the foundation. Regulations are "ready-to-wear" laws, while Directives are "tailor-made" to fit into a country's existing legal system.

3. Impact on England and Wales: The "Supremacy" of EU Law

This is the most important part of the chapter for your "Law Making" section. It's about who is the "boss."

The Concept of Supremacy
During the UK's membership, EU law was supreme. This means that if a law made by the UK Parliament conflicted with a law made by the EU, the EU law would win. The UK courts had to ignore the UK law and follow the EU law instead.

The Famous Case: Factortame (1990)
This is a must-know case! The UK passed a law called the Merchant Shipping Act 1988 to stop foreign fishermen (specifically Spanish companies) from using British fishing quotas. The Spanish companies sued, saying this broke EU law. The House of Lords (now the Supreme Court) eventually had to suspend the UK Act because it clashed with EU rules. This proved that EU law was the "Trump Card."

Impact on Parliamentary Sovereignty
In English Law, Parliamentary Sovereignty usually means Parliament can make or unmake any law it wants. However, while we were in the EU, Parliament voluntarily limited its own power. By passing the European Communities Act 1972, Parliament agreed to let EU law take priority.

Extension of Rights to Individuals
EU law didn't just affect governments; it gave you rights. Through doctrines developed by the CJEU and our own courts, individuals could rely on EU law in their own domestic courts. For example, laws on equal pay for men and women were strengthened significantly because of EU law.

Key Takeaway: While the UK was a member, the EU was the highest authority. The Factortame case is the "smoking gun" that proves EU law was supreme over UK law.

Summary and Memory Aids

Mnemonic for Institutions: "C.P.C.J."
- Commission (Starts the law)
- Parliament (Votes on the law)
- Council (States' vote)
- Justice Court (Explains the law)

Quick Review Box:
1. Commission: Proposes laws.
2. Regulations: Apply immediately (direct).
3. Directives: Set a goal for countries to meet.
4. Supremacy: EU law beats UK law (Factortame case).
5. Sovereignty: Parliament chose to limit its power by joining the EU.

Don't worry if the "Sovereignty" bit feels tricky! Just remember: Parliament is normally the boss, but when we were in the EU "Club," we had to follow the "Club Rules," even if they were different from our own.