法律 Ep 1

Here's a little change of scenery, eh? :)

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Question:
Describe the main types of European Law.

Answer:
In European law, there are four main types; treaties, directives, regulations and decisions.

A treaty is a primary source of law, with the Treaty of Rome being the most prominent. Treaties act as binding agreements between all the member states and individuals as far as they apply to them.

Following the European Communities Act 1972, s 2(1), when treaties are signed by the heads of government, the law automatically becomes a part of the English law. Treaties govern mainly the organisation of the community and relationships between the Member State, but some of them affect individuals directly. For example, Art 141 establishes the principle of equal pay between men and women. An individual citizen may, under certain circumstances, rely on the provisions of the treaties when taking legal action against a government or other individual.

Directives apply only when implemented by the member state. In simpler words, if the European Union produces a directive, a member state must make a domestic rule, which facilitates the law envisaged in the directive.

Also, if the directive specifies a right, the individual must wait for the member state to pass a law implementing a directive. If the above is not fulfilled, the individual will only be able to sue the government itself for failing to comply with the directive. This is also known as the indirect effect.

Regulations come into force at the member state level states to pass any laws, and the member states are automatically expected to ignore any local laws which conflict with the regulation.

If a regulation provides individuals with certain rights, an individual has a legal claim to that right, and can bring an action against any other party if this right is infringed upon. Under these circumstances, the individual is advised to seek legal advice from a solicitor. The regulation, therefore, is said to have direct effect because the citizen in a member state can rely on the regulation directly.

Lastly, the court, under the power of Article 288, makes decisions. It operates to both clarify the existing laws and ensure their enforcement by member states. These decisions consider the statutes (directives and regulations) and apply them to specific cases.

They are administrative in nature and Article 288 allows for recommendations and opinions to be issued although they have no binding force.

Marks: 7/12.

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Woo~ Law essay. Please note that this is not a good essay. I'm working on it :)

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