Lecture 21- the European union a refresher
In this lecture:
- key terminology/ definitions
- key cases
Understanding terminology
- A ‘treaty’ is an agreement between the governments of two (bilateral) or more (multilateral)
countries
- ‘Government’ in this context will be used to mean ‘the executive’ institution of state in the
UK
- ‘Ratification’ is the term used for when a government agrees to be bound by the treaty
Treaties and the UK
- In the UK a treaty must be approved by Parliament and CANNOT be law inside the UK until
this happens
- For this reason, even though the executive can sign treaties with other countries, they do not
become legally binding within the United Kingdom unless and until an Act of Parliament does
so
- EG: The European Communities Act 1972
- The European Union (Amendment) Act 2008
What’s the EU?
- organisation that exists because of a series of treaty agreements made between the
governments of members states
- aims of the EU was initially to cooperate on matters to do with trade, but now includes a
range of things including defence, scientific research, law enforcement
- it does this by having institutions that broadly do the same things that our institutions of
state do: make laws, apply law and enforce law
What kind of law does the EU make?
REGULATIONS:
When the EU makes a regulation, it is immediately law inside member states (meaning that it can be
enforced straight away)
Regulation 261/2004
Any EU citizen who is flying into, or out of, a member state and has their flight delayed or
overbooked can claim compensation
This meant that as soon as it came into force, a German citizen would be able to claim compensation
for a delayed flight even though there were no laws made by the German legislature
What kind of law does the EU make?
DIRECTIVES:
gives member states a deadline to make sure that they make or amend laws to achieve an outcome
In this lecture:
- key terminology/ definitions
- key cases
Understanding terminology
- A ‘treaty’ is an agreement between the governments of two (bilateral) or more (multilateral)
countries
- ‘Government’ in this context will be used to mean ‘the executive’ institution of state in the
UK
- ‘Ratification’ is the term used for when a government agrees to be bound by the treaty
Treaties and the UK
- In the UK a treaty must be approved by Parliament and CANNOT be law inside the UK until
this happens
- For this reason, even though the executive can sign treaties with other countries, they do not
become legally binding within the United Kingdom unless and until an Act of Parliament does
so
- EG: The European Communities Act 1972
- The European Union (Amendment) Act 2008
What’s the EU?
- organisation that exists because of a series of treaty agreements made between the
governments of members states
- aims of the EU was initially to cooperate on matters to do with trade, but now includes a
range of things including defence, scientific research, law enforcement
- it does this by having institutions that broadly do the same things that our institutions of
state do: make laws, apply law and enforce law
What kind of law does the EU make?
REGULATIONS:
When the EU makes a regulation, it is immediately law inside member states (meaning that it can be
enforced straight away)
Regulation 261/2004
Any EU citizen who is flying into, or out of, a member state and has their flight delayed or
overbooked can claim compensation
This meant that as soon as it came into force, a German citizen would be able to claim compensation
for a delayed flight even though there were no laws made by the German legislature
What kind of law does the EU make?
DIRECTIVES:
gives member states a deadline to make sure that they make or amend laws to achieve an outcome
