Лекторка докладно проаналізувала разом з учасниками, як створюються закони у Великій Британії та ЄС, а саме:

1. Вступ. Чому важливо знати джерела права для практики юриста та роботи з юридичною англійською мовою.

2. Sources of law: legislation. Bill → Act of Parliament: процес створення закону. Основні етапи.

3. Sources of law: common law in the UK. Law reports. Doctrine of precedent (stare decisis).

4. Sources of EU Law. Основні джерела: Treaties, Regulations, Directives, Decisions.

5. Key Vocabulary Focus: обговорення ключових лексичних одиниць за темою заходу.

6. Підсумки та Q&A.

У рамках характеристики законів у Великій Британії та ЄС акцентовано на наступному:

1. Introduction. Why it is important to know the sources of law for legal practice and working with legal English

Understanding the sources of law is the foundation of every lawyer’s professional competence. It enables lawyers to interpret, apply, and analyse legal rules correctly. Without this knowledge, drafting documents, giving legal advice, or negotiating becomes ineffective.
Mastering the sources of law = mastering the logic of law and the language of law.

Definition:

A source of law is any authority, document, or practice from which the rules of law derive their validity and force — in other words, it is where law comes from, the origin of legal rules that govern a society.

2. Sources of Law: Legislation. Bill → Act of Parliament. Main stages of law-making

Legislation (Statute law) is the most authoritative source of law in England and Wales. It comprises laws enacted by Parliament, the supreme legislative body. Acts of Parliament are the primary form of legislation, which can create new laws, amend existing ones, or repeal obsolete ones.

Main types of legislation:

• Primary legislation – Acts of Parliament (statutes).

• Secondary (delegated) legislation – made by individuals or bodies under powers given by an Act (e.g. statutory instruments, by-laws).

Why Parliament passes new Acts:

• To update or amend existing laws.

• To legislate for new circumstances or implement government policy.

• To ensure compliance with international or EU law.

• To consolidate or codify existing legal principles.

Stages of a Bill:

1. First Reading – the title is read; no debate.

2. Second Reading – MPs debate main principles.

3. Committee Stage – clause-by-clause examination and amendments.

4. Report Stage & Third Reading – final approval in the House of Commons.

5. House of Lords – repeats all stages.

6. Royal Assent – formal approval by the Monarch; Bill becomes an Act of Parliament. (Royal Assent is now a formality.)

Green and White Papers:

• Green Paper – early proposals for new legislation; invites public discussion.

• White Paper – definite government proposals after consultation.
  → “Green Papers start the conversation; White Papers define the direction.”

Types of Bills:

• Government Bills – introduced by the Government.

• Private Members’ Bills – proposed by individual MPs.
  Both can become:

• Public Acts – apply to everyone.

• Private Acts – apply to specific persons or institutions.

3. Sources of Law: Common Law in the UK. Law Reports. Doctrine of Precedent (Stare Decisis)

Common Law (Case Law) is developed through judicial decisions rather than legislation. It is based on the principle that similar cases should be decided in a similar way. Judges interpret and apply the law; their decisions form binding precedents.

Doctrine of Precedent (Stare Decisis):

• Means “to stand by what has been decided.”

• Lower courts must follow decisions (precedents) of higher courts in similar cases.

• Ensures predictability, fairness, and stability in the legal system.

• Higher courts may distinguish, overrule, or reverse previous decisions.

Types of precedent:

• Binding precedent – must be followed by lower courts.

• Persuasive precedent – may influence but not bind.

• Authoritative precedent – established by higher courts.

Key terms: certainty, stability, consistency, predictability, rule of law, adversarial system.

Hierarchy of courts:

A decision of a higher court is binding on a lower court. Judges must apply relevant precedents. Lower-court or foreign decisions can be persuasive but not binding.

Law Reports: The common law system relies on law reporting.

Law reports are official written publications containing full texts of court judgments.

The most authoritative are The Law Reports (by the Incorporated Council of Law Reporting).

Other series:

• All England Law Reports (All ER)

• Lloyd’s Law Reports (commercial/maritime cases)

Modern databases: Westlaw, LexisNexis, BAILII.

Landmark Case: Donoghue v Stevenson (1932):

Established the modern law of negligence and the neighbour principle.

Lord Atkin stated: “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.”

Neighbour principle: A person must take reasonable care to avoid actions likely to cause harm to those closely and directly affected.

Precedent modification (London Street Tramways v LCC, 1898 & Practice Statement 1966): Initially, precedent was strictly binding to ensure certainty. Since 1966, the House of Lords (now Supreme Court) may depart from previous decisions “when it is right to do so” — introducing flexibility and justice.

4. Sources of EU Law. Main sources: Treaties, Regulations, Directives, Decisions

EU law derives from primary and secondary sources forming the legal order of the European Union.

Primary Source – Treaties:

• Foundation of EU law.

• Establish institutions, define powers, and set objectives.

• Treaty on European Union (TEU) – Maastricht Treaty.

• Treaty on the Functioning of the European Union (TFEU) – Lisbon Treaty.
  → Treaties have the highest legal authority, and all EU legislation must comply with them.

Secondary Sources – Derived Law:

a) Regulations – directly applicable in all Member States; have general application; enforceable as written. Example: General Data Protection Regulation (GDPR) (EU) 2016/679.

b) Directives – bind Member States as to the result but leave them freedom in implementation; must be transposed into national law within a set time. Example: Consumer Rights Directive 2011/83/EU.

c) Decisions – binding only on those to whom they are addressed (e.g., a specific company or state). Example: Commission decision imposing a fine for breach of competition law.

Supplementary sources:

• Case law of the Court of Justice of the EU (CJEU).

• International agreements concluded by the EU.

• General principles of law recognised by the CJEU.

5. Key Vocabulary Focus

Key legal terms:

Legislation, Statute law, Bill, Act of Parliament, Parliament, House of Commons, House of Lords, Royal Assent, Government Bill, Private Member’s Bill, Statutory Instrument, Delegated Legislation, Common Law, Binding Precedent, Persuasive Precedent, Directive, Regulation, Decision, Treaty, Legal Framework, Law-making Process, Judicial Precedent, Rule of Law.

• judicial precedent – судовий прецедент;

• binding precedent – обов’язковий прецедент;

• European Union law – право Європейського Союзу;

• EU directive – директива ЄС;

• EU regulation – регламент ЄС;

• EU decision – рішення ЄС;

• European Commission – Європейська комісія;

• European Parliament – Європейський парламент;

• Council of the EU – Рада Європейського Союзу;

• proposal for legislation – пропозиція законодавчого акта;

• to implement EU law – впроваджувати право ЄС;

• legal framework – правова база;

• law-making process – процес законотворення;

• draft law – проєкт закону.

Language Focus – “Shall” in Legal English:

• Traditionally expresses obligation or command in laws, contracts, treaties.
  Ex.: “The tenant shall pay the rent…”

• Modern trend: replace “shall” with “must” (obligation) or “may” (permission) for clarity.

• Ken Adams (Manual of Style for Contract Drafting): argues “shall” is ambiguous and misused — prefer “must”.

6. Summary and Q&A

The sources of law form the foundation of the entire legal system — they determine where legal rules come from and how they are applied.

Understanding their hierarchy — from primary sources (treaties, legislation) to judicial precedents and customs — is essential for correct interpretation and implementation of the law.