European HS Law

7/24/2019 European HS Law

1/18

2B2: Developments2B2: Developments

in H&S Lawin H&S Law

Institutions of the EUInstitutions of the EU

Role of the EU in UK LawRole of the EU in UK Law


2/18

Main Institutions

Council of Ministers

European Commission

European Parliament

European Court of Justice


3/18

Council of Ministers

One member from each member state

Meet usually in Brussels Presidency rotates on 6-monthly basis

2 types of meeting

! "eneral Council meeting of #oreign ministers of each state$ and

! %pecial Council meeting of national ministers of sub&ect underdiscussion e'g' finance( transport etc'

Most important po)ers

! Ensure co-ordination of general economic policies of member states

! *a+e decisions and delegate implementing po)ers to commission

Principal decision ma+ing institution in EC


4/18

European Commission Consists of 2, Commissioners - 2 from each larger member

states plus . each from others

Presidency is nominated for 2 years

/oting is by simple ma&ority

#unctions

! #ormulate and implement policy decisions

! Promote and represent interests of E0

! Implement E0 policy

! Institute proceedings before the ECJ for 1iolations of Community

obligation by member states or against any Community institution

considered to ha1e eceeded its po)ers


5/18

European Parliament

Members 3MEPs4 elected for years from memberstates

626 seats distributed in proportion to population of

member states 305 has 74

8o go1ernment and opposition

Co-opeation po!e"uega1e EP more po)ers

Co-"e!isionprocedure 3Maastricht *reaty4 ma+es

EP a co-decision ma+er )ith the Council ofMinisters


6/18


Based in 9uembourg Judges appointed from member states for term of 6 years(

)hich may be rene)ed

8o' of &udges is al)ays odd to pro1ide a ma&ority )hen 1oting

. Judges and : ;d1ocates-"eneral appointed from memberstates

;d1ocate "eneral

! "i1es impartial and measured legal opinion as to facts of a case before

&udge decides

! Judges do not ha1e to abide by opinion!


7/18


Most cases deal )ith interpretation or application

of E0 legislation as it affects indi1idual rights

If an indi1idual person can sho) that the

member state is in breach of E0 la)( s=he can

bring the case before the ECJ

>o)e1er( the indi1idual cannot ma+e a direct

approach to the ECJ -the case must commence ina national court


8/18


?here there is conflict bet)een E0 and national la)( E0 la)

ta+es precedence

ECJ has no &urisdiction in purely internal cases

If during the course of a case in a national court a point of E0

9a) is raised and disputed( the indi1idual may as+ the court to

refer the matter to the ECJ for interpretation 8ot an appeals procedure

@eAuests for rulings may be made by any court or tribunal but

must be made only by the final court of appeal if reAuested by

an indi1idual @uling of the ECJ is binding on referring court


9/18

Instruments in EC 9a)

@egulations


10/18

@egulation

;pply directly in member states

?here conflict arises )ith national la)(

regulation pre1ails

8o reAuirement to assimilate into national

la)

@arely used in practice


11/18


12/18


13/18

Precedence

E0 legislation ta+es precedent o1er la)s of

all member states

*reaties and @egulations are directly

applicable in 05 )ithout further action

from British Parliament


14/18

9egislati1e Procedures

Consultation

! Old procedure )as simple process! In1ol1ed proposal from Commission to Council )ho accepted or re&ected by

unanimous or DM/

! Parliament had little say

Co-operation Procedure

! Introduced by %ingle European ;ct of .:6! "a1e EP much greater influence in shaping legislation

! Council of Ministers still has final say and Parliament had no po)er of 1eto

Co-decision Procedure

! Introduced by Maastricht *reaty in .::

! ;rranged to achie1e consensus bet)een Council and Parliament


15/18

9egislati1e Procedures

Dualified Ma&ority /oting 3DM/4

!Introduced to speed passing of legislation by

dispensing )ith need for unanimousagreement

!Each member state has proportion of a1ailable

1otes allocated according to relati1e siFe 305

has ., 1otes4

!62 3out of the 7 a1ailable4 is usually enough


16/18

;rticles of *reaty of @ome

;rticle :

! Intended to remo1e barriers to trade= ensure unrestricted mo1ement

and sale

! >armonised product standards

! 0nanimous 1ote reAuired= no po)er of 1eto by EP

! Eample Machinery armonisation 3and impro1ement4 of )or+place hGs standards

! Co-operation procedure=DM/! Eample #rame)or+


17/18

@ecent


18/18

Pre1ious Eam Duestions

Identify 2 types of proceedings dealt )ith by the ECJ that could ha1erele1ance to the regulation of h(s and the en1ironment )ithin E0

member states' 3H mar+s4

European HS Law

Documents

Transcript of European HS Law