Unit 3: European Union Law and Institutions.

European Union law

A. What is the EU?

The European Union (EU) was created in 1992 by the Treaty on European
Union (the TEU), generally called the Maastricht Treaty. The EU consists of three
different Communities: the ECSC (European Coal and Steel Community), the
European Community (the EC, formerly known as the European Economic
Community Treaty, or the EEC treaty – also known as the Treaty of Rome), and
EURATOM (European Atomic Energy Community Treaty). The EU has what are
referred to as ‘the three pillars’:

The European Union

Common Foreign and ECSC Justice and Home Affairs

Security Policy EC Policy
EURATOM

Put simply, the original aim of the Community was economic integration: to
create a common market, later defined as a Single Internal Market, in which there
could be free movement of goods, persons, services and capital. This was to be
achieved by the creation of a free trade area, where Member States agreed to remove
all customs duties (import taxes) and quotas (restrictions on the amount of goods
imported across Member States’ frontiers, or borders) between themselves, and a
customs union, in which all members agreed to impose on goods coming into the area
from non-member states a common level of duty (the Common Customs Tariff, or
CCT).

The three sources of EU law are the Treaties (EC, TEU, etc.), secondary
legislation enacted by the EC (such as regulations and directives), and general
principles, including fundamental human rights, subsidiarity, and citizenship of the
EU for every national of a Member State.

Note: subsidiarity – the Community may only take legal action where it has exclusive
competence, that is, power to govern, and where an action cannot be achieved by
member states acting within their natural institutions, for example a trans-national
action.

B. How does the EU impact on Member States?

The EC Treaty is directly applicable in every Member State. Accession to

(membership of) the Community limits the power of national governments and affects
national sovereignty – the power to govern. Community law has supremacy over, that
is, overrides, national law. This supremacy was established in the case of Costa v ENEL
(Case 6/64) ECR 545. The Single European Act 1986 made provisions (legal
conditions) creating an obligation on the Community to take the necessary measures
to achieve the Internal Market. Under Article 249 (ex Art 189) there are five types of
legal act which the Community may use:

 Regulations – have general application and are binding in their entirety on

all Member States and have direct effect, meaning they automatically become law in
Member States.

 Directives – are binding on Member States as to their result but do not bind
individuals until they have been transposed into national law (implemented).

 Decisions of the European Court of Justice (ECJ) – are binding on those to

whom they are addressed.

 Recommendations and opinions – have no binding force but may be

persuasive, that is, have influence.

1. Find five phrases in A opposite used to indicate that a term has another name,
for example ‘formerly known as’. Then use appropriate phrases to complete the
sentences below. There is more than one possibility for one of the answers.

1. Under EC law, anything which can be bought or sold is generally called goods.

2. Beijing was formerly known as Peking in the West.

3. Customs duty is defined as any charge that is imposed on goods because they
are imported.

4. The third pillar of the European Union, also known as/referred to as the Justice
and Home Affairs pillar, is incorporated into the EC treaty.

2. Rearrange the underlined letters to make words in the extracts below. Look at A
and B opposite to help you.

The (1) internal market shall comprise an area without internal (2) frontiers in
which the (3) free (4) movement of goods, personas, (5) services and capital is ensured
in accordance with the (6) provisions of this (7) Treaty.

Member (8) States shall take all appropriate (9) measures whether general or
particular, to ensure fulfilment of the (10) obligations arising out of this Treaty or
resulting from an action taken by the institutions of the (11) Community. They shall
facilitate achievement of the Community’s tasks.

A (12) regulation shall have general (13) application. It shall be binding in its (14)
entirety and directly (15) applicable in all Member States. A (16) directive shall be
binding, as to the result to be achieved, upon each (17) Member State to which it is
addressed, but shall leave to the national authorities the choice of form and methods.
3. Are the following statements True (T) or False (F)? Find reasons for your
answers in A and B opposite.

1. Member states are required to incorporated European legislation into national

law and to recognise the jurisdiction of the European Court of Justice in matters of EU
law. T

2. The national legislation of Member States takes precedence over Community

skills. F. Community rules take precedence. Community law has supremacy over
national law.

3. The Common Customs Tariff applies to all goods imported by countries like
Japan and the USA from the EU. F. The Common Customs Tariff applies to all
goods imported into the EU from countries outside the Community like Japan and
the USA.

4. EU law prevents Member States from charging importers for bringing goods into
that State from another Member State. T.

The court system

A. Civil courts.

Duncan Ritchie, a barrister, is talking to a visiting group of young European

lawyers.

‘Both criminal and civil courts in England and Wales primarily hear evidence and
aim to determine what exactly happened in a case. Broadly speaking, the lower courts
decide matters of fact and the upper courts normally deal with points of law. In
England, simple civil actions, for example family matters such as undefended divorce,
are normally heard in either the Magistrates’ Courts or the County Courts.

Judges have different titles depending on their experience, training, and level. A
single stipendiary magistrate or three lay magistrates sit in the Magistrates’ Court.
There’s no jury in a Magistrate’s Court. Family cases may go on appeal from the
Magistrate’s Court to the County Courts. The County Court also hears complex first
instance civil cases, such as contract disputes, compensation claims, consumer
complaints about faulty goods or services, and bankruptcy cases. Claimants, previously
referred to as plaintiffs, may seek a legal remedy for some harm or injury they have
suffered. There are circuit judges and recorders who sit in the County Courts, usually
without a jury. Juries are now rare in civil actions, so normally the judge considers both
law and fact.

More complex civil cases, such as the administration of estates and actions for the
recovery of land, are heard in the High Court of Justice, which is divided into three
divisions: Family, Chancery and Queen’s Bench. The court has both original, that is,
first instance, and appellate jurisdiction. From the High Court cases may go on appeal
to the civil division of the Court of Appeal, which can reverse or uphold a decision
of the lower courts. Its decisions bind all the lower civil courts. Civil cases may
leapfrog from the High Court to the House of Lords, bypassing the Court of Appeal,
when points of law of general public importance are involved. Appellants must,
however, apply for leave to appeal. Decisions of the House of Lords are binding on all
other courts but not necessarily on itself. The court of the House of Lords consists of
twelve life peers appointed from judges and barristers. The quorum, or minimum
number, of law lords for an appeal hearing is normally three, but generally there is a
sitting of five judges.’

B. Criminal courts.

‘About 95% of all criminal cases in England and Wales are tried in the Magistrates’
Courts, which deal with petty crimes, that is, less serious ones. In certain
circumstances, the court may commit an accused person to the Crown Court for more
severe punishment, either by way of a fine or imprisonment. Except in cases of
homicide, children under 14 and young persons – that is, minors between 14 and 17
years of age – must always be tried summarily, meaning without a jury, by a Youth
Court. A Youth Court is a branch of the Magistrates’ Court. Indictable offences, that is,
more serious ones such as theft, assault, drug dealing, and murder, are reserved for
trial in the Crown Court. In almost all criminal cases, the State, in the name of the
Crown, prosecutes a person alleged to have committed a crime. In England and
Wales, a jury of twelve people decides whether the defendant is guilty of the crime she
or he is charged with. The Crown Court may hear cases in circuit areas. From the
Crown Court, appeal against conviction or sentence lies to the Criminal Division of
the Court of Appeal. If leave to appeal is granted by that court, cases may go on
appeal to the House of Lords.’

1. Complete the diagram. Look at A and B opposite to help you.

2. Complete the table with words from A and B opposite and related forms. Put a
stress mark in front of the stressed syllable in each word. The first one has been
done for you.

Verb Noun – event or action Noun – person

‘sit ‘sitting
appeal a’ppeal/’appellate a’ppellant
hear ‘hearing
try ‘trial
claim ‘claim ‘claimant

3. Match the two parts of the sentences and complete the gaps with words from the
table above. Pay attention to the grammatical context. There is more than one
possibility for three of the gaps.

1. The Appeal/Appellate courts can reverse or uphold decisions of lower courts.

2. An appellant must get leave to appeal before taking a case to a higher court.

3. In a civil action, a claimant who harm or injury seeks a remedy.

4. Magistrates generally hear/try cases of petty crime as a court of first instance.

5. Indictable offences are normally tried/heard in the Crown Court.

Judges

A. Judicial appointments in England and Wales.

Judicial Office Court Number

Lords of Appeal in Ordinary House of Lords 12
(also known as Law Lords)
Lord Justices of Appeal Court of Appeal 37
High Court Judges High Court of Justice 107
Circuit Judges Crown Court and County Court 638
Recorders Crown Court and County Court 1359
District Judges (Civil) County Court 422
Deputy District Judges (Civil) County Court 751
District Judges Magistrates’ Court 139
(also known as Stipendiary Magistrates)
Deputy District Judges Magistrates’ Court 148

Note: Recorders generally hear less complex or serious cases than Circuit Judges and
start by sitting in the Crown Court. After two years they might sit in the County Court.

An Act of Parliament lays down the mandatory requirements for most judicial
offices. Candidates must have practised as a lawyer or judge for a specified time and
must meet other statutory requirements for specific posts. The hierarchical structure
of the courts informs the process of selection to the Judiciary. Experience gained as a
judge in a lower court is one of the qualifications for appointment to a higher court.
Senior appointments to the Court of Appeal and the High Court are made by the Queen
following the recommendation of the Prime Minister, currently on the advice of the
Lord Chancellor – a senior member of the government and head of the judicial system.

B. The training of judges.

The Judicial Studies Board (JSB) is responsible for the training of judges, lay
magistrates, and members of Tribunals in England and Wales. The JSB would normally
organise the following for an appointee Recorder in the Crown Court: an induction
course, visits to penal establishments, for example prison and young offender
institutions; meetings with personnel from the Probation Service, which deals with
criminals, often young offenders, who are not sent to prison unless they reoffend, but
who are under the supervision of a probation officer.

The appointee would experience a period of sitting in on the Bench – the judge’s
area of the Court – with a Circuit Judge. In his first week after appointment he would be
supervised by a Circuit Judge. Practical guidelines for judges are set out in Bench
Books.

C. Civil courts: sentencing and court orders.

Judges in civil courts can fine, commit to imprisonment (normally between 28

days and six months) or give a suspended sentence – where imprisonment does not
take place unless the offender commits another offence. An applicant can seek an
injunction – an order – against a respondent. The court may grant an interim
injunction, that is, a temporary one, to stop the defendant from doing something, before
the hearing of the application. The judge can grant or refuse an injunction against a
legal person to do or not do specified acts. The judge can, alternatively, require an
undertaking, or promise, from the relevant party at the hearing proceedings.

1. Match the judicial offices in the box with the required qualifications. Bear in
mind the hierarchical structure of the courts. Look at A opposite to help you.

1. District Judge (Magistrates’ Court) – must have been qualified as a lawyer for
at least seven years.

2. Circuit Judge – must have been qualified for ten years, although three years’
service as a full-time District Judge is allowed.

3. Lord of Appeal in Ordinary – must have been qualified as a lawyer for at least
15 years and is usually drawn from judges in the Courts of Appeal in England, Wales,
and Northern Ireland, and in the Court of Session in Scotland.

4. Lord Justice of Appeal – the statutory qualification is at least ten years in the
High Court as a lawyer and, in practice, to be a High Court Judge.
2. Complete the definitions. Look at A and B opposite to help you.

1. the Bench – collective word for a group of judges and the name of the place
where a judge sits in court.

2. the Judiciary – formal collective word for all the judges in the legal system.

3. the judicial office – the specific post a judge (for example, a High Court Judge).

4. penal establishment – place where people are held as a punishment when

convicted of an offence.

3. Complete the sentences. Look at C opposite to help you.

1. Judges may make a first sentence for a non-serious offence a suspended

sentence.

2. The period of imprisonment awarded by the judge should reflect the number
and seriousness of the offences and their context.

3. A person who seeks an injunction is generally described as the applicant.

4. Instead of ordering a specific act, the court can seek the agreement of the
relevant party to an undertaking to do the specified act.

5. An applicant may seek an injunction to prevent a breach of contract.

6. If an applicant claims that the defendant is about to do something that infringes

his/her rights before there can be a hearing (for example, to dispose of disputed
property), the judge may grant an interim injunction.