European Law

1. Why is the Factortame case so important in the UK?

The Factortame case led to a series of decisions in UK and EU law. The case confirmed the supremacy of EU law over UK law. The case first appeared when a Spanish fishing company appealed in UK courts against restrictions imposed on them by the UK government under the Merchant Shipping Act 1988. The case reached the High Court which granted and order which was then overturned by the Court of Appeal and then confirmed by the House of Lords. The latter then referred the case to the European Court of Justice, which ruled that national courts could disapply legislation that contravened EU law, and therefore the Merchant Shipping Act 1998 was struck down.

2. Identify the principal institutions of the EU. Describe their constitution and functions.

◦ The European Commission: 27 Commissioners responsible for specific areas of EU policy. It acts to protect EU treaties and is responsible for bringing forward proposals for EU legislation.

◦ The Council of the EU: made up of government ministers representing each of the Member States; therefore provides the means by which Member States can influence EU policy. It also decides whether proposals for legislation made by the Commission will become law.

◦ The European Parliament: 736 Members (MEPs). The European Parliament, unlike UK or Scottish Parliament, is not a conventional legislative body.

◦ European Court of Justice: 27 judges and 8 advocates. Any point of law relating to EU law can be referred to the ECJ. It also decides on actions brought against Member States for breaching EU Treaty provisions or EU law generally.

3. Describe the following:

a) Regulation

Automatically becomes law in Member States, without national Governments or Parliaments taking any action. Regulations have “direct effect” – individual citizens of Member States can enforce them in their local courts, and Member States cannot legislate in a way which is contrary to EU regulations....