EU Law & Homelessness 16 th July 2014 Matt Moriarty, Legal Project Manager & Rebecca Collins,...
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Transcript of EU Law & Homelessness 16 th July 2014 Matt Moriarty, Legal Project Manager & Rebecca Collins,...
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:
TREATIES
REGULATIONS &
DIRECTIVES
CASELAW
Relationship with Domestic Law
The 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 situation
If 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”