Law Assignment

Topics: European Union law, Directive, Regulation Pages: 4 (1648 words) Published: April 1, 2013
Part 1
Billy is advised that the EU law is higher than the UK law because when the UK joined the EU on 1 January 1973, the UK gave up some sovereignty on making law to the EU. An Example can be seen in the case of Costa v ENEL (1964). In this case the Italian government tried to argue that its courts should follow Italian law as conflicted to community law but the ECJ ruled stating that as joining the EC the members sign and limit their sovereign rights for making law although in limited fields.

The EU law also has major impact in terms of types of the EU laws among them Treaties are the primary source of the EU law. Treaties are agreements made by discussions between head of states and it is directly applicable to the UK whenever it is signed by all the member states. The treaties are all parts of constitution of the EU, so it is the highest law in the EU. In order to change the constitution there has to be a unanimous agreement between all parliament members. The case of McCarthy’s Ltd v Smith (1981) shows how powerful the EU law is. (Martin, 2007, p.77). So the impact is immediate and if the new law was Treaties Billy could be directly sued because of its direct applicability. Another major source of the EU law is regulations which are made by the council. Regulations are another type of EU law which has direct applicability. This means the impact is immediate, the moment they are created at Brussels they are automatically law in the UK so Billy should be aware of any regulations being passed by EU otherwise Billy might be sued. This was confirmed in Leonesio v Italian Ministry of Agriculture case where he got money for killing his kettle. Thus, Billy should know how the EU regulations may affect his business. Hence, Billy should be aware of any regulations being passed. Decision of the ECJ is another type of EU law which are made by the court of the EU. ECJ decisions are not law, they only provides the interpretation to the words. Thus, Billy does not...

References: Martin, J. (2007), The English Legal System (5 ed.), London: Hodder Arnold
Huxley-Binns, R. et. al. (2010), Unlocking the English Legal System (3 ed.), London; Hodder Education
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