European Community Law

The second treaty of Rome 1957 established the European Economic Community (EEC), now contained in the treaty of European Union 1992, consolidated into the treaty of Amsterdam.
These are laws approved by the institutions of the European Union through the procedures defined within the treaties. This is mainly concerned with economic matters such as free trade, agriculture, and transport. They represent the bulk of community legislation. This legislation most affects business and consumers. For instance Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights.
i) EU regulations: these are of general application in their entirety and directly applicable in all member states without the need for further legislation. They confer individual rights and duties which the national courts of the member states must protest. The object is to obtain uniformity of law throughout the member states.
ii) EU directives: they are binding on all member states as to the objectives to be achieved within a certain time limit and member states must adopt measures to meet the stated objectives. …
es: they are binding on all member states as to the objectives to be achieved within a certain time limit and member states must adopt measures to meet the stated objectives. National authorities have the choice of form and means to be used. Directives have no legal force in member states until they are transposed into national laws.
Decisions by ECJ: Are binding on all national courts in all the member states. but ECJ is not bound by its own previous decisions.
In Walts v Bedford Primary care Trust, May 2006, Mrs. Walts traveled to France for hip surgery, due to a 1-year waiting list in the UK for the same operation. She argued that the NHS should reimburse her costs for the trip to France and the surgery. The ECJ agreed that in cases of "undue delay" the NHS should reimburse the costs iii) EU decisions: – These may be addressed either to member states or to an individual or institution. They are a formal method of enunciating policy decisions and they are binding on those to whom they are addressed.
iv) EU recommendations and opinions&nbsp. – are not binding but express the council’s or commission’s view on policy to the member states or to the individuals to which they are addressed. Whilst recommendations and opinions are not legally binding, they have political and moral significance and can be preliminary requirements to subsequent mandatory rules.
3. Case law – THE DOCTRINE OF PRECEDENT
Case law includes judgments of the European Court of Justice and of the European Court of First Instance, for example. in response to referrals from the commission, national courts of the member states or individuals.

You Might Also Like