2B2: Developments in HS Law

1. 2B2: Developments in H&S Law Institutions of the EU Role of the EU in UK Law

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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. Recent Directives Physical Agents Directive Noise, vibration etc. Chemical Agents Directive Temporary Work at Heights Directive

18. 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)