Lecture 6: EU Law and Parliamentary Sovereignty
Supra national organisation
New legal order
Creation post WW2, 1950s: rebuild Europe, guarantee peace, facilitating peaceful
relations between countries
3 main treaties: 1) coal and steel Treaty
membership of EU growing, UK joined in 1973
all existing members must agree for new country to join,
major trading power globally, own currency, free movement of goods&services
EU institutions:
European Council
Council of Ministers
European Commission
Primary sources if EU Law: Treaties
Fundamental:
Treaty of Rome 1957- final peace on establishing EU; sets out principles and rules if
EU
o Treaty on European Union (TEU)
o Treaty on the functioning of the European Union (TFEU)- rename of Treaty of
Rome
If one member states refuse to enforce treaty, it wont be enforced
Secondary sources:
o Regulations- directly applicable
o Directives- not directly applicable, but they are binding for objectives to be
achieved (sets out deadline for member to achieve sth, doesn’t matter how they
achieve this goal)
o Decisions
Supremacy of EU Law
Who makes law and to what extent should they go?
Principle of Subsidiarity
How EU makes law and sets out policy- Union will only act where the relevant
objectives cannot be achieved at a more localized level
If EU acts it acts Proportionally:
“Under the principle of proportionality, the content and form if the Union action shall
not exceed what is necessary to achieve the Treaties.”
Direct applicability: an EU provision is automatically legally effective from relevant
date without any legislation
Direct effect: An EU provision will automatically confer legal rights in individuals;
impacts directly domestic policy
Article 4: EU takes primacy over national Law
Case of Costa v Enel, 1964-
Mr. Costa (Italy) took issue with nationalisation of electricity; gave raise to increase in
electricity Bill
Italian gov: Italian courts should enforce Italian law and not EU law; hence increase is
legitimate
Supra national organisation
New legal order
Creation post WW2, 1950s: rebuild Europe, guarantee peace, facilitating peaceful
relations between countries
3 main treaties: 1) coal and steel Treaty
membership of EU growing, UK joined in 1973
all existing members must agree for new country to join,
major trading power globally, own currency, free movement of goods&services
EU institutions:
European Council
Council of Ministers
European Commission
Primary sources if EU Law: Treaties
Fundamental:
Treaty of Rome 1957- final peace on establishing EU; sets out principles and rules if
EU
o Treaty on European Union (TEU)
o Treaty on the functioning of the European Union (TFEU)- rename of Treaty of
Rome
If one member states refuse to enforce treaty, it wont be enforced
Secondary sources:
o Regulations- directly applicable
o Directives- not directly applicable, but they are binding for objectives to be
achieved (sets out deadline for member to achieve sth, doesn’t matter how they
achieve this goal)
o Decisions
Supremacy of EU Law
Who makes law and to what extent should they go?
Principle of Subsidiarity
How EU makes law and sets out policy- Union will only act where the relevant
objectives cannot be achieved at a more localized level
If EU acts it acts Proportionally:
“Under the principle of proportionality, the content and form if the Union action shall
not exceed what is necessary to achieve the Treaties.”
Direct applicability: an EU provision is automatically legally effective from relevant
date without any legislation
Direct effect: An EU provision will automatically confer legal rights in individuals;
impacts directly domestic policy
Article 4: EU takes primacy over national Law
Case of Costa v Enel, 1964-
Mr. Costa (Italy) took issue with nationalisation of electricity; gave raise to increase in
electricity Bill
Italian gov: Italian courts should enforce Italian law and not EU law; hence increase is
legitimate
