2B2: Developments

in H&S Law
Institutions of the EU
Role of the EU in UK Law

Main Institutions
Council of Ministers
European Commission
European Parliament
European Court of Justice

Council of Ministers

One member from each member state

Meet usually in Brussels
Presidency rotates on 6-monthly basis
2 types of meeting:
General Council meeting of Foreign ministers of each state; and
Special Council meeting of national ministers of subject under

discussion e.g. finance, transport etc.

Most important powers:

Ensure co-ordination of general economic policies of member states
Take decisions and delegate implementing powers to commission

Principal decision making institution in EC

European Commission
Consists of 20 Commissioners - 2 from each 5 larger member
states plus 1 each from others
Presidency is nominated for 2 years
Voting is by simple majority
Functions:
Formulate and implement policy decisions
Promote and represent interests of EU
Implement EU policy
Institute proceedings before the ECJ for violations of Community

obligation by member states or against any Community institution

considered to have exceeded its powers

European Parliament
Members (MEPs) elected for 5 years from member
states
626 seats distributed in proportion to population of
member states (UK has 87)
No government and opposition
Co-operation procedure gave EP more powers
Co-decision procedure (Maastricht Treaty) makes
EP a co-decision maker with the Council of
Ministers

European Court of Justice

Based in Luxembourg
Judges appointed from member states for term of 6 years,
which may be renewed
No. of judges is always odd to provide a majority when voting
15 Judges and 9 Advocates-General appointed from member
states
Advocate General:
Gives impartial and measured legal opinion as to facts of a case before

judge decides
Judges do not have to abide by opinion
Does not have a vote in voting of judges in arriving at their decision

European Court of Justice

Most cases deal with interpretation or application
of EU legislation as it affects individual rights
If an individual person can show that the
member state is in breach of EU law, s/he can
bring the case before the ECJ
However, the individual cannot make a direct
approach to the ECJ -the case must commence in
a national court

European Court of Justice

Where there is conflict between EU and national law, EU law
takes precedence
ECJ has no jurisdiction in purely internal cases
If during the course of a case in a national court a point of EU
Law is raised and disputed, the individual may ask the court to
refer the matter to the ECJ for interpretation
Not an appeals procedure
Requests for rulings may be made by any court or tribunal but
must be made only by the final court of appeal if requested by
an individual
Ruling of the ECJ is binding on referring court

Instruments in EC Law
Regulations
Directives
Decisions
Recommendations and Opinions
No binding legal force and merely contain the

views of the institution that issues them

Regulation
Apply directly in member states
Where conflict arises with national law,
regulation prevails
No requirement to assimilate into national
law
Rarely used in practice

Directives
Binding on member states with regard to objectives to
be achieved, but method is left open
Framework Directives lay down general objectives to be
achieved and Daughter Directives specify how these
results can be obtained in specific instances
Directives then have to be implemented by regulations
made in member states, in UK normally by Statutory
Instruments
May have direct effect if member state does not
implement

Decisions
May be made by Council or Commission
Binding upon those they address:
member states, legal persons or individuals

Main use is to allow a member state to

depart from a requirement of a EU Treaty

Precedence
EU legislation takes precedent over laws of
all member states
Treaties and Regulations are directly
applicable in UK without further action
from British Parliament

Legislative Procedures
Consultation:
Old procedure was simple process
Involved proposal from Commission to Council who accepted or rejected by

unanimous or QMV
Parliament had little say

Co-operation Procedure
Introduced by Single European Act of 1986
Gave EP much greater influence in shaping legislation
Council of Ministers still has final say and Parliament had no power of veto

Co-decision Procedure
Introduced by Maastricht Treaty in 1993
Arranged to achieve consensus between Council and Parliament

Legislative Procedures
Qualified Majority Voting (QMV)
Introduced to speed passing of legislation by

dispensing with need for unanimous

agreement
Each member state has proportion of available
votes allocated according to relative size (UK
has 10 votes)
62 (out of the 87 available) is usually enough

Articles of Treaty of Rome

Article 95
Intended to remove barriers to trade/ ensure unrestricted movement

and sale
Harmonised product standards
Unanimous vote required/ no power of veto by EP
Example: Machinery Directive

Article 137
Concerned with setting minimum standards of h&s
Harmonisation (and improvement) of workplace h&s standards
Co-operation procedure/QMV
Example: Framework Directive

Recent Directives
Physical Agents Directive
Noise, vibration etc.

Chemical Agents Directive

Temporary Work at Heights Directive

Previous Exam Questions

Identify 2 types of proceedings dealt with by the ECJ that could have
relevance to the regulation of h,s and the environment within EU
member states.
(4 marks)
Distinguish between directives made under Article 95 and those made
under 137 of the Treaty of Rome, giving a health & safety example of
each kind.
(6 marks)
With respect to EC law, distinguish between Regulations, Directives
and Decisions.
(8 marks)
Outline the possible role of the ECJ in a case between a member state
and a citizen of that member state.
(2 marks)
Review, with relevant examples the subject, content and form of
national legislation on h&s.
(13 marks)
Outline the procedure for making a EU Directive.
(10 marks)