Free Movement of Goods

The next 3 blog posts are going to be centered around the 4 fundamental freedoms of the EU: goods, services, establishment and workers. These are 4 key principles of the EU and it is important to understand how they work. All EU citizens are influence by this, whether its because of the food and products in the shop we buy, or going on holiday, working around the EU and operating a business around the EU. There are in many ways interlinked and have similar provisions government them and the rules on how a member state can restrict these fundamental freedoms at times. All will be explored in due course. (more…)

Direct Effect, Indirect Effect and State Liability

Direct Effect and Direct Applicability

Direct effect and Direct Applicability are 2 principles that are similar but should not be confused. Direct Applicability is the automatic incorporation into national law. Both Treaty Articles and Regulations are directly applicable, regulations are not, they must be implemented by the member state. The idea behind this is that they will be able to interpret the law that the EU wish to impose and do so in a way that will be most effective and efficient for that country. (more…)

Article 267 Reference

Article 267 TFEU allows the national courts to make a reference to the European Court of Justice on matters of EU law that are unclear. The ECJ is not an appeals court and will not judge the whole case. They will only answer the questions on EU law that the national court askes. Due to EU law being Supreme (Costa v ENEL), it is important for the national courts to interpret law properly to prevent injustices. (more…)

Supremacy of the EU and the Single Market

Supremacy of EU Law

In order for the EU to operate with some sort of authority over the Member states, its very existence means that it must take precedent over National Law. This has caused a fair amount of conflict between individuals and member states, specifically with the UK (having in their constitution the doctrine of Parliamentary Supremacy, which is now not so supreme). (more…)

Introduction to EU Law

The EU is currently made up of 28 Member States, soon to decrease to 27 once the UK leave on the 29th March 2019. It was originally set up to promote trade throughout western Europe, but as more and more states joined, theory objects widened, and have developed to who we understand as the EU today. When studying the EU, it is important to understand the brief history to the Union, Institutions of the Union, and the types of Laws that the EU makes. (more…)

Parlimentry Supremacy/Sovereignty

Parliamentary sovereignty is one of the key and most controversial of the UK Constitutional principles. It started after the Bill of Rights 1689, where Parliament took the remaining powers of the Monarch. Since this was never written down in a constitutional code, the UK Parliament took unlimited powers of law making, just as the Monarch had before the Magna Carta 1215, only this time, they were elected officials. (more…)

European Convention on Human Rights

When looking at an ECHR claim, it is important to first look as sections 6 and 7 of the Human Rights Act 1998. In these sections, it shines light on whether an ECHR claim is possible. In order to be able to bring a ECHR claim, a vehicle claim must be raised. This is where a Private law action is launched, which is usually Breach of Confidence or Misuse of Private Information. (more…)