Gavin Howe
European Union law is a system of supranational laws that operate within its 27 member states. The EU's primary constitutional sources are the Treaty on European Union and the Treaty on the Functioning of the European Union, which establish the EU's institutions, list their powers and responsibilities, and explain the areas in which the EU can legislate with directives or regulations. EU laws are above the laws of individual member countries and act as the overall control of the legal systems in its member countries. This means that EU law can have a significant impact on the English legal system, affecting areas such as agriculture, companies, fishing, competition, free movement of goods and workers, consumer policy, education, health, and the environment. For example, in the case of R v Secretary of State for Employment ex parte Equal Opportunities Commission (1994), the House of Lords found that parts of the Employment Protection (Consolidation) Act 1978 were incompatible with EU law on equal treatment for male and female employees, and the UK Government was forced to change the law to greatly improve the rights of part-time workers.
| Characteristics | Values |
|---|---|
| EU law is above other laws in individual member countries | EU laws are given priority over national laws in the member countries |
| EU law provides guidelines on how to handle criminal matters among member countries or those involving a non-member country | EU law provides fundamental rights that protect the rights of individuals from member countries |
| EU law affects areas dealing with rights of employees, female workers, and children | The UK government was forced to change the law and improve the rights of part-time workers |
| EU directives set out a goal that EU countries must achieve | EU member states must adopt measures to incorporate the directive into national law |
| EU law is a body of court judgments, treaties, and law that acts together with other legal systems in the European Union member states | The primary EU treaties and the rulings of the European Court of Justice have a reasonable effect on English law |
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What You'll Learn
EU law is above other laws in individual member countries
EU law is a body of court judgments, treaties, and laws that work in tandem with the legal systems of its member states. The EU can only act in areas where its member countries have authorised it to do so via EU treaties. These treaties outline the EU's objectives, rules for its institutions, decision-making processes, and its relationship with its members.
EU laws are above other laws in individual member countries. This legal supremacy means that EU law acts as the overarching control of the legal systems in its member states. For example, the primary EU treaties (primary laws) and the rulings of the European Court of Justice have a significant impact on English law. The social chapter of European Law, for instance, provides for equality between men and women in all member countries, ensuring that no one is discriminated against on the basis of gender in any social setting, including workplaces.
The EU's primary constitutional sources are the Treaty on European Union and the Treaty on the Functioning of the European Union, which have been agreed upon by the governments of all 27 member states. These treaties establish the EU's institutions, outline their powers and responsibilities, and specify the areas in which the EU can legislate directly. The European Commission has the right to propose new laws, known as the right of legislative initiative.
Legal acts of the EU are created by various legislative procedures involving the popularly elected European Parliament, the Council of the European Union (representing member governments), and sometimes the European Council (composed of heads of state). Only the Commission has the right to propose legislation, which member states must then adopt and transpose into national law. Directives, for example, typically become effective through transposition into national law. If a national government fails to faithfully transpose a directive, courts may still enforce it, or the Commission may take punitive action.
The Court of Justice of the European Union (CJEU) interprets questions of EU law, while member state courts, such as the English Court of Appeal, apply most EU laws. Member state courts can refer questions to the CJEU for a preliminary ruling.
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Equality of men and women in all member countries
Equality between men and women is one of the European Union's objectives, enshrined in its founding treaties, particularly in Articles 2 and 3(3) of the Treaty on European Union (TEU), Articles 8, 10, 19, 153 and 157 of the Treaty on the Functioning of the European Union (TFEU), and Articles 21 and 23 of the Charter of Fundamental Rights.
The EU has adopted several directives to promote equality between men and women in all member countries. Directives are legal acts that typically become effective by transposition into national law. One such directive is the Recast Directive (2006/54/EC), which requires the prohibition of direct and indirect gender discrimination, harassment, and sexual harassment in pay, employment, and occupational social security schemes. The directive also prohibits gender discrimination in access to self-employment, statutory social security schemes, and the supply of goods and services.
The EU has also adopted the Racial Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/78/EC), which initiated a movement towards the adoption of national non-discrimination legislation in EU member states. The Employment Equality Directive, in particular, covers the grounds of religion or belief, disability, age, and sexual orientation in the field of employment and occupation.
The Court of Justice of the European Union (CJEU) has played a significant role in promoting equality between men and women through its judgments. For example, in the Violeta Villar Láiz judgment of 8 May 2019 (C-161/18), the CJEU found that Spanish legislation on the calculation of retirement pensions for part-time workers was contrary to EU law if it disproportionately disadvantaged female workers.
The European Commission is responsible for monitoring the correct transposition and application of gender equality directives at the national level. EU law takes precedence over conflicting national laws, and member states can face punitive action by the Commission for failing to faithfully transpose a directive.
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EU laws are created by elected bodies
During the ordinary legislative procedure, the Council and Parliament can make amendments and must consent for laws to pass. If the three institutions cannot agree on a common final text, a second reading takes place, where the Council and Parliament can propose further amendments. If they still cannot agree, a conciliation committee is set up. A proposal is adopted into law when the Parliament and Council agree on a joint text, and it is published in the EU Official Journal. In certain cases, the Council can adopt EU laws on its own, without Parliament.
The European Council, composed of heads of state, is also sometimes involved in the creation of legal acts. Treaties are the starting point for EU law and are negotiated and agreed upon by all member states and ratified by their parliaments, sometimes following a referendum. The EU can only pass laws in policy areas where member states have authorised it to do so via the EU treaties.
The Court of Justice of the European Union (CJEU) is the main judicial body and interprets questions of EU law. It includes a higher Court of Justice, a General Court, and a separate Court of Auditors. A president is elected by the judges for three years. While the CJEU is the ultimate court to interpret questions of EU law, in practice, most EU law is applied by member state courts, such as the English Court of Appeal.
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EU directives must be transposed into national law
Directives are one of the legal acts of the EU, which also include regulations, decisions, and non-binding recommendations and opinions. Directives typically become effective by being transposed into national law. Each directive contains a deadline by which EU countries must incorporate its provisions into their national legislation and inform the Commission. This deadline is usually within two years of the directive's adoption.
Directives are binding on Member States in terms of the result to be achieved, but they leave national authorities the power to choose the form and methods to achieve this result. This is distinct from regulations, which are directly applicable in Member States after their entry into force.
The Commission monitors the transposition process to ensure it has taken place correctly and completely. If a Member State fails to faithfully transpose a directive, the Commission may initiate infringement proceedings and bring proceedings against the country before the Court of Justice of the European Union.
The transposition of EU directives into national law is an important aspect of ensuring the proper application of EU law and allowing citizens and businesses to benefit from commonly agreed rules.
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EU laws affect agriculture, companies, fishing, and more
EU laws have a significant impact on various sectors in England, including agriculture, companies, and fishing. Here's how:
Agriculture
The EU's Common Agricultural Policy (CAP), launched in 1962, is a partnership between agriculture and society and between Europe and its farmers. The CAP aims to support farmers, improve agricultural productivity, ensure food security, safeguard farmers' livelihoods, address climate change, and maintain rural areas and landscapes. The EU financially supports its farmers, encourages sustainable practices, and invests in rural development. EU agricultural policy covers food quality, traceability, trade, and promotion of EU farm products. National and local authorities implement the laws agreed upon at the EU level, and the EU monitors their application and effectiveness.
Companies
The EU Supply Chain Law is designed to address inhumane working conditions and forced labour in global supply chains. It applies to European companies with limited liability, more than 1,000 employees, and a worldwide turnover of over €450 million. While Small and Medium-sized Enterprises (SMEs) are not directly affected, they may be impacted indirectly as suppliers to larger companies. The law includes a digital whistleblower system and due diligence obligations to ensure compliance.
Fishing
The EU's Common Fisheries Policy (CFP) sets annual limits on commercial fish stocks to promote sustainability. It establishes fishing quotas for member states and includes technical measures governing how, where, and when fishers may fish. The CFP aims to ensure compliance with rules, including fighting illegal fishing and implementing marketing standards. It also addresses fleet capacity ceilings and the balance between fishing capacity and fishing opportunities. The UK's exit from the CFP as part of Brexit has led to discussions over future fishing rights and the distribution of quotas.
Other Areas
EU laws also impact other sectors and aspects of English law. For example, the EU engages in trade negotiations with other countries or regional groupings, granting EU companies access to new markets and facilitating the import of raw materials. The EU also has laws and policies in areas such as human rights, intellectual property, and sustainable development.
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Frequently asked questions
EU law is a system of supranational laws that operate within the 27 member states of the European Union. EU laws are above the laws of individual member countries and act as the overall control of the legal systems in those countries. EU laws are based on treaties, which are negotiated and agreed upon by all member states and ratified by their parliaments. Once a treaty is adopted, member states must adopt measures to incorporate the directive into national law.
The European Act of 1972 provided that, from 1 January 1973, the UK had new sources of law. These sources of law are concerned with areas that the European Union has concerns about, including agriculture, companies, fishing, competition, free movement of goods and workers, consumer policy, education, health, and the environment. The primary EU treaties (primary laws) and the rulings of the European Court of Justice also have a significant effect on English law. For example, in the case of R v Secretary of State for Employment ex parte Equal Opportunities Commission (1994), the House of Lords found that parts of the Employment Protection (Consolidation) Act 1978 were incompatible with EC law on equal treatment for male and female employees, and the UK Government was forced to change the law and improve the rights of part-time workers.
EU law provides fundamental rights that protect the rights of individuals from member countries. For example, an individual can sue an organization for violation of human rights as long as the organization is located in an EU member country. EU law also provides guidelines on how to handle criminal matters among member countries or those involving a member country and a non-member country.
