Ministerial powers to implement EU directives [Archived]

Produced in partnership with Adam Cygan of University of Leicester
Practice notes

Ministerial powers to implement EU directives [Archived]

Produced in partnership with Adam Cygan of University of Leicester

Practice notes
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ARCHIVED: This Practice Note has been archived and is not maintained.

EU legislation which is not directly applicable (eg Directives and Decisions) can be enacted either by primary or secondary legislation in the UK. The vast majority of EU legislation is enacted by Statutory Instrument (SI) under section 2(2) of the European Communities Act 1972 (ECA 1972). This section confers Authority on ministers, government departments or Her Majesty in Council to make, with certain exceptions contained in Schedule 2 of the Act, subordinate legislation.

Subordinate legislation made under this section can repeal or amend existing legislation if this is incompatible with EU law, including, subject to certain conditions, Acts of Parliament.

The use of statutory instruments to implement subordinate legislation

SIs implementing EU law are made under the powers in s1(1) and s 1(2) of the Statutory Instruments Act 1946 (SIA 1946).

In the context of the EU, where any such subordinate legislation includes provisions addressing technical standards then under Directive 83/189/EEC (as amended by Directive 88/182/EEC) any such technical regulations

Adam Cygan
Adam Cygan

Professor Adam Cygan is Professor of European Union Law at the University of Leicester. His research focuses on institutional and constitutional governance within the Internal Market with a particular emphasis upon the legislative process. Professor Cygan has published extensively on the role of national parliaments in EU decision-making and his research challenges core assumptions within EU integration concerning the constitutional principles of accountability and democracy. In particular, his research has examined the contribution made by parliamentary committees to improving accountability within EU governance. Professor Cygan also has also published extensively on governance issues surrounding the operation of the Internal Market including access to healthcare and free movement of persons. Professor Cygan has significant experience of delivering elite-level consultancy and training to a variety of target groups including members of the judiciary, civil servants, policy makers and legislators. He has worked on a diverse range of projects developing institutional capacity and instructing on best practice for civil servants and parliamentarians. This includes recent EU Commission projects in Albania and Azerbaijan as well as projects funded by the UK Foreign Office in Egypt and Libya which involved the establishment of oversight and scrutiny committees in countries seeking democratic transition. Professor Cygan has key communication, organisational and analytical skills that are required for provision of expertise and consultancy as well as extensive experience of producing training manuals and organising and delivering face to face training.

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Jurisdiction(s):
United Kingdom
Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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