Introduction to Europe

&European Law

EU Law & Homelessness16th July 2014

Matt Moriarty, Legal Project Manager &

Rebecca Collins, Project Manager

What will we cover?I. The European Union

Founding principles EU institutions The EU and other European Structures

II. EU law Sources of EU law Enforcing EU law Who does EU law apply to? Basic residence rights

The EU – Founding Principles

“The Union is founded on the values of respect for human dignity, liberty,

democracy, equality, the rule of law, and respect for human rights, including the

rights of persons belonging to minorities” EU INSTITUTIONS

European ParliamentCouncil of the EU

European CommissionEuropean Council

CJEUOthers

The fundamental principles of the EU guarantees the free movement of:• Persons• Goods• Services• Capital

The “Four

Freedoms”

The Origin of EU Law

Topic II:EU Law

Sources of EU law There is a hierarchy of law in the EU:T

REATIES

REGULATIONS &

DIRECTIVES

CASELAW

Relationship with Domestic LawThe EU only legislates in fields where it is empowered to do so by the treaties. Primarily:

– trade within the EU – i.e. single market legislation;

– agriculture, fisheries and food; – economic policy (mostly for Eurozone

countries); – international trade; – competition; and – justice and home affairs (the UK has the

right to opt-in or to opt-out in much of the latter field).

Note that EU law is supreme in domestic legal systems.

In the UK, the European Communities Act 1972 established this.

• EU law confers rights and obligations on the authorities in each member country, as well as individuals and businesses.

• The authorities in each member country are responsible for implementing EU legislation in national law and enforcing it correctly, and they must guarantee citizens’ rights under these laws.

How to Enforce EU LawLitigation

in UK Courts & Tribunals

References to the

CJEU

Infringement

proceedings

Provisions in EU regulations, directives and treaties can be used to argue on behalf of clients at – for example – social security tribunals or housing benefit appeals

Domestic Courts, if they are struggling to interpret how EU law works in a specific situation (and there is no previous cases to help them), can refer a set of questions to the CJEU Judges. They will then decide how the provisions of EU law were intended to be interpreted in this situationIf it is thought that Member States are not properly implementing EU law then individuals, organisations or other States can write a complaint letter to the European Commission. They will investigate and tell the MS in question what they have to do to become compliant with EU Law. If the MS disagrees, refuses to comply, or takes too long to comply, then the Commission can refer the MS for judgment at the CJEU where Judges can hand down hefty fines (France was forced to pay €78m in 2005 for non-compliance in relation to fisheries law)

Who does EU Law apply to?

Who does EU law apply to (ctd)Nationals of these countries:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland,

Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,

Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden,

Switzerland

The UK is not included!*

A8 countries are underlined

A2 countries are hyphen-underlined*There are exceptions, but these are very specific and don’t apply in general circumstances

A8 and A2 NationalsA8 – Joined in 2004 A2 – Joined in 2007Czech

Republic

Estonia

Hungary

Latvia

Lithuania

Poland

Slovakia

SloveniaRomania

Bulgaria

Basic Residence Rights

12

Any EEA national has the right to move to and reside in the UK for up to three months

After five years of legally living in the UK whilst exercising treaty rights (with some exceptions), EEA nationals can apply for permanent

residence

• Includes part-time work (as little as 10 hours a week)• EG. full-time or part-time work with a contract of employmentWORKING• Working for yourself (even part-time)• EG. Starting your own cleaning businessSELF-EMPLOYED• Being so rich you don’t need to work • EG. millionaires and their familiesSELF-SUFFICIENT

• Enrolled in full-time or part-time studies that require location in UKSTUDYING

TREATY RIGHTS

At the end of three months – in order to live here legally – EEA nationals must exercise “treaty rights”