EU Law

Competiton Law: Article 101

Article 101(1) of the TFEU identified that all agreements, decisions and concerted practices between undertakings, which may affect trade and have as their objective or effect, to prevent, distort or restrict trade within the single market. (more…)

Social Policy: Sex Discrimination

EU law prohibits discrimination generally over all subjects. There are many heads of discrimination that are applied differently and rely on different regulations and directives. On the syllabus I am working from only sex discrimination is covered, which is the one I will be covering in this post. (more…)

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…)

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…)

Introduction to Public Law and the UK Constitution

What is Public Law?

Strictly speaking, Public law is defined as the relationships between the state and the individual. However, it may be easier to think of everything that is not private is be public. Public law is a wide topic ranging from the constitution, to judicial review, to the supremacy of parliament and everything in-between, which I will be discussing in the following posts in a lead up to my examination of Public Law. (more…)