1. Business Law: An Introduction Summary Notes 1

2. Main sources of Scots Law
Acts of Parliament
UK Parliament (UKP) in London and Scottish Parliament (SP) in Edinburgh
European Law
Common Law
Case law (Judicial Precedent)
Institutional Writers
Custom

3. Acts of Parliament - Examples
Consumer Credit Act 1974
Health and Safety at Work Act 1974
Sale of Goods Act 1979
Environmental Protection Act 1990
Employment Rights Act 1996
Data Protection Act 1998
Scotland Act 1998
Companies Act 2006
Equality Act 2010

4. Considered as Secondary
UK Parliament
Scottish Parliament
Inception
(set up)
Created and given powers by UKP – Scotland Act 1998
Jurisdiction
(area) UK
Scotland
Policy areas
Key policy areas e.g. Defence, Foreign Policy and Employment Law
Devolved matters
e.g. Education, Health and Housing
Legislation
Primary
(Takes precedence)
Considered as Secondary
Differences

5. European Union 4 important institutions of the European Union
The European Commission
The Council of the European Union
The European Parliament
The European Court of Justice

6. European Union The European Commission Based in Brussels
Instigates European legislation
Drafts proposals for EU laws
Brings breaches of EU law to attention of the European Court of Justice
Effectively the EU’s civil service

7. European Union
The Council of the European Union and The European Parliament
Share power to approve or reject laws proposed by Commission
Majority of European laws adopted jointly by Council and Parliament
Ordinary legislative procedure – Parliament on equal footing with Council (co-decision)

8. European Union The European Court of Justice (ECJ)
Interprets and clarifies European law for member states
Enforces European law (Commission brings breaches of law to the Court’s attention)

9. European Union Summary:
The Council of the European Union and the European Parliament have the power to make laws for the people of Europe (process known as ordinary legislative procedure - “codecision”)
The European Court of Justice enforces European Union Law
The European Commission is effectively the EU’s civil service
It proposes and drafts laws but cannot actually legislate
It can bring breaches of EU law to the attention of the Court of Justice – Commission often regarded as the Guardian of European Legislation

10. European Legislation EU legislation takes the form of: Treaties
Every action taken by the EU is based on treaties that have been approved voluntarily and democratically by EU member countries
Examples:
Treaty of Rome 1957
Treaty of Amsterdam 1997
Treaty of Nice 2001
Treaty of Lisbon 2007

11. European Legislation
Regulations - become law simultaneously in all member states the moment they come into force e.g. Regulation 1251/70 provides for the right to remain in the territory of a Member State after having been employed in that state
Directives - require member states to make changes to their laws to incorporate the Directive e.g. by creating a new Act of Parliament
Example: Working Time Directive
Working Time Regulations 1998 implemented this Directive into UK law

12. 3 main types of European Legislation
Treaties
Regulations
Directives
A treaty is a binding agreement between EU member countries.
Take effect in UK when approved by UK Parliament
Come into effect immediately when signed by 28 Member States
Come into effect when legislation is passed by Member States (UK Parliament in the UK).

13. Is European law or Scots law superior?
European law is supreme
The UK joined the EU on 1 January 1973 after the European Communities Act 1972 was passed by the UK Parliament - the 1972 Act recognises the supremacy of European law over domestic law
Any national law that conflicts with EU law must be changed as EU Law supreme

14. Key revision themes - 1 Main sources of Scots Law Acts of Parliament
Legislative bodies – UKP and SP
EU institutions
European legislation