AS Level Law Assignment 14 - European Law
Task
1. Read the following extracts and answer parts (a) to (d) which follow.
Exercise on European Law-Making Processes and UK Legislation
SOURCE A
COUNCIL DIRECTIVE
of 25 July 1985
on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
(85/374/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee, …
HAS ADOPTED THIS DIRECTIVE.
SOURCE B
CONSUMER PROTECTION ACT 1987
(1987 Chapter 43)
An Act to make provision with respect to the liability of persons for damage caused by defective products....
[15th May 1987]
PART I - PRODUCT LIABILITY
1(1) [Compliance with Directive] This Part shall have effect for the purpose of making such provision as is necessary in order to comply with the product liability Directive and shall be construed accordingly.
2(1) [Basic liability] Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage.
2(2) [Persons liable] This subsection applies to-
(a) the producer of the product;
(b) any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product;
(c) any person who has imported the product into a member State from a place outside the member States in order, in the course of any business of his, to supply it to another.
5(1) [Meaning of 'damage'] Subject to the following provisions of this section, in this Part 'damage' means death or personal injury or any loss or damage to any property (Including land).
5(3) [Exclusion of liability where property not intended for private use, etc.] A person shall not be liable under section 2 above for any loss of or damage to any property which, at the time it is lost or damaged, is not-
(a) of a description of property ordinarily intended for private use, occupation or consumption; and
(b) intended by the person suffering the loss or damage mainly for his own private use, occupation or consumption.
QUESTIONS
(a) Briefly explain the relationship between the EC Directive on Defective Products (Source A) and the Consumer Protection Act 1987 (Source B). [5 marks]
(b) Comment on the way in which (i) Directives and (ii) Regulations have effect on the national law of the member states of the European Union. [15 marks]
(c) Critically examine the role played in the law-making process of the European Union by each of the institutions mentioned in the Directive 85/374/EEC (Source A above). [15 marks]
(d) Explain, with reasons, whether Angie would be able to recover damages under the Act in the following circumstances:
(i) She purchased a new television set from Mega TV Ltd. Mega TV Ltd is an English chain of television and video suppliers, which purchases its products from a number of wholesalers in the UK and abroad and sells them all under the brand name 'Mega'. Because of a defect in the television set, it blew up causing injury to Angle and damage to her sitting room.
(ii) She purchased a washing machine which she used for her personal washing and for the towels used in her hairdressing business. A defect in the machine caused damage to all her towels as well as to some of her own designer dresses.
[15 marks]
[Total = 50 marks]
(Oxford Board, June 1996)
or
2. Read the following source material and answer parts (a) to (d) which follow.
Exercise on European Law
SOURCE
The Council of Ministers is the legislative body of the Communities. It is
responsible for the general co-ordination of the economic policies of the member
states, has power to take decisions and legislate for the Communities, and has
the power to confer upon the Commission the power to act.
The Commission acts as the proposer and implementer of Community policy: it is
under a duty to ensure the provisions of the Treaty are applied.
The role of the European Court of Justice is fundamental in ensuring legal
enforcement of Community obligations, and in ensuring uniform interpretations of
European law throughout the Community. Cases reach the court either through
direct actions, or through references of points of Community law by national
courts, under Article 177.* Article 177* creates a power, and in some
circumstances imposes a duty, to refer questions concerning the interpretation
of European law to the Court of Justice. It plays a key role in ensuring the
preservation of the Community character of the law established by the Treaty,
and has the object of ensuring that in all circumstances this law is the same in
all states of the Community. The mandatory reference applies only where there is
an absence of judicial remedy. Also in order for there to be a duty to refer,
the question must be 'necessary'.
In the CILFIT case the Court of Justice held there was no need to refer a
question if it was not relevant, if the answer to the question "can in no
way affect the outcome of the case" English courts have interpreted [this]
more liberally, as meaning "reasonably necessary".
Adapted from: 'Walker& Walker's English Legal System', Richard Ward,
Butterworths
* Article 177 has now become Article 234 following the Treaty of Amsterdam
Answer all parts.
(a) With reference to lines 1-6 of the source and your knowledge of the European institutions briefly compare and contrast the composition and roles of the Council of Ministers and the Commission.
(b) With reference to lines 7-9 of the source and your knowledge of the European Court of Justice discuss the ways in which it has been "fundamental in ensuring legal enforcement of Community obligations, and in ensuring uniform interpretations of European law throughout the Community."
(c) Briefly explain and illustrate the A177 [A234] reference procedure.
(d) Consider whether an English court will have a duty or a power to refer a question to the European Court of Justice in the following situations:
(i) Harriet has made a discrimination claim in an Employment Tribunal. During the case it has become apparent that an interpretation of European law may decide the issue.
(ii) English Winemakers plc has appealed its case on unfair competition as far as the House of Lords. The Court of Appeal has already accepted that an interpretation of European competition law would decide the outcome of the case.
(iii) Sarah has made a claim for equal pay in an Employment Tribunal. Her claim is for equal pay with a man who has taken over the job that she formerly did. An ECJ reference in Macarthys v Smith has already identified that it is possible to claim equal pay with a man who held the position prior to the woman who was claiming.
[50 marks]
(June 2000)
Guidance
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