The nature of EU Law

I was watching an excellent video by my friend DLandonCole ( http://www.youtube.com/watch?v=RyUOPzW__F0 ) and he said words to the effect "it is a directive or regulation of the EU ... something like that and this struck a resonance with me. I hear the words directive and regulation on a regular basis but I was unclear about which was which.

I did the research and this little video is the product - it satisfies my need to know and understand two little words.

If you are not subscribed to DlandonCole can I recommend his channel at:
http://www.youtube.com/user/DLandonCole

Category:

News & Politics

Tags:

• DLandonCole
• EU
• European Union
• European Union Law
• Law of European Union
• regulation of the EU
• directive of the EU
• decision of the EU

[kylekmile]

I didn't find this remotely helpful.

[johncrwarner]

@kylekmile

What were you looking for? This is an old video I made over a year ago and it is seeking to explain the various parts of European Union law. I would be grateful if you offered some points I either failed to cover or was wrong about.

[eddrebrab]

Just one thing: there is another major form of EU law that you didn't cover - the dicta of the Court of Justice. They rule mainly on legal interpretation, but there are various extremely important court-developed principles - such as the doctrine of the supremacy of EU law over state law, and the principle of direct effect (which bestows enforceable rights upon EU citizens) - without which EU law and the EU itself would be much less effective, possibly even impotent.

Otherwise, great vid!

[johncrwarner]

@eddrebrab In fact the supremacy of European law was decided by treaty - the impact of that was decided by the court - the extension of rights to all citizens from the original "rights of free movement of workers" was effectively done by the court but again the treaties have been amended to incorporate that.

[eddrebrab]

@johncrwarner (cont)

...that's a far cry from the position that all domestic law is overruled by EU law and should be set aside (by domestic judges if needs be, without need of repealing legislation) in the event of a conflict between the two. Since there is no treaty provision to this effect, the doctrine must surely be ascribed to the Union court?

[johncrwarner]

@eddrebrab Actually the doctrine in practical effect seems to have at least in the UK been decided by the prosecution of a man for selling bananas by the pound on a market. That determined that the European communities act 1972 in the UK trumps any later legislation. Thus asserting the principle of the supremacy in the UK of EU law.

I believe each country ultimately will make those kind of decisions and de facto does it already by being part of the EU

[bryantulsa]

That was very informative.

[eddrebrab]

@johncrwarner Moreover, I don't feel this detracts from the point that the supremacy of EU law is a principle developed by the EU courts; it is just that the member states must accept and abide by it if it is to have effect - in the same way that they have to accept and abide by any other of the fundamental principles if they are to be practically effective.

[eddrebrab]

@johncrwarner I think it was rather the Factortame (Merchant Shipping Act) cases that sealed the deal in the UK. Either way, you're right that such decisions will have to be made by each member state to give the doctrine practical effect (at least those that are dualist in international approach; perhaps not for monist states?), but it will usually be the judiciary of those states - under direction or pressure from the CJEU - that makes those decisions, not the executive or legislature.

(cont)

[eddrebrab]

@johncrwarner I don't think that's quite correct. There's nothing in the Treaties that says that EU laws are supreme over domestic laws. True, what was Art 10 TEC (now Art 4 TEU) stipulates that member states "shall" take "appropriate measures" to fulfil the aims and obligations imposed by the Treaties and acts of the institutions, and Art 249 TEC (now Art 288 TFEU) provides that the institutions' acts shall be binding; but...

(cont)

[ThumpercubAZ]

GREAT VIDEO STUD KEEP UP TTHE GREAT WORK

I WISH I WAS THERE