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Referencing - OSCOLA

EU treaties and protocols

When citing EU treaties and protocols: give the title of the legislation (including amendments), year of publication, the OJ series, issue and page numbers. 

legislation title | [year] | OJ series | issue/first page.

Consolidated Version of the Treaty on European Union [2008] OJ C115/13.

Protocol to the Agreement on the Member States that do not fully apply to the Schengen acquis – Joint Declarations [2007] OJ L129/35.

Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union [2016] OJ C202/1 (TFEU).

Include both the formal and shortened names of the treaty (if the latter exist) in the first reference to a treaty. Give the shortened title in parentheses before the pinpoint reference.

EC Treaty (Treaty of Rome, as amended) art 3b 

Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR) art 2(1)

EU Regulations, Directives

Cite Regulations, Directives, Decisions, Recommendations and Opinions by giving the legislation type, number and title, followed by publication details in the OJ.

Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever [2002] OJ L192/27.

Council Regulation (EC) 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and big eye tuna within the Community [2003] OJ L295/1.

EU directives and regulations are frequently referred to in the text by just the direction or regulation number.  Below is the name for a some directives and regulations, followed by the official citation.  Use the official citation the first time you cite it.

Text: Directive 2004/38

Footnote (official cite): Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC [2004] OJ L158/77.

Subsequent footnotes:  Dir 2004/38


Text:  Regulation 492/2011

Footnote (official cite): Regulation (EU) 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union [2011] OJ L141/1.

Subsequent footnotes: Reg 492/2011

EU legislation citations: finding the official name and OJ cite

Your textbook may only provide the short form name of an EU treaty, directive or regulation.  To find the official name of EU legislation, use EUR-Lex (the official website of European Union Law), Lexis or Westlaw UK.

Citing EU directives and regulations in the text

Several EU regulations and directives are known primarily by their short form name.  You can refer to the short form in  both the text and footnotes, so long as you provide the OJ (Official Journal) citation the first time.

Example:  Free movement for EU citizens and their families (Directive 2004/38):

(a) Full citation - use this footnote for the first time you mention free movement in your text.  Note that you should include the official name and 
Official Journal (OJ) location:

1. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Text with EEA relevance) [2004] OJ L 158/77.

(b) Citing the same source in the very next footnote:  ibid

Example: If you provide the full citation for Directive 2004/38 in footnote 1, and your next footnote relates to article 16 of Directive 2004/38, use ibid and the section number: 

2. ibid art 16.

(c) For any subsequent citation of this source (other than ibid), use the short form of the name and the footnote number (in round brackets) that contains the full citation.

Example: You provide the full citation of Directive 2004/38 in footnote 1.  You cite a different source in footnote 6.  If you need to cite  Directive 2004/38 again in footnote 7, you can't use ibid (your footnote 6 and 7 will be to different sources), so use the short form:

7.  Dir 2004/38 (n 1) art 16.

This means that the reader can find the full citation for Directive 2004/38 in footnote 1 (n = footnote number).  OSCOLA allows abbreviation of directive to Dir in footnotes.

In OSCOLA, you only have to cite the full name with OJ reference once in the footnotes, then again in the Table of Legislation at the end of the paper.  

Biblography

EU Treaties, Directives and Regulations should be listed in the Table of Legislation at the end of your paper.  List the Treaties first, then Directives, then Regulations.  Within each group list them alphabetically by first significant word in the title.  If you also have UK legislation cited in your paper, list that before the EU legislation.

 

EU cases

Judgments of the European Court of Justice and Court of First Instance:

Give the case registration number in roman and then the name of the case in italics, with no punctuation between them. Give the report citation in the same form as for UK cases. The case number can be checked on any of the commercial databases or on EUR-lex, and will consist of the court prefix, a rolling number and the year. Citations should follow the format:

case number | case name | [year] | report abbreviation | first page.

Case T–344/99 Arne Mathisen AS v Council [2002] ECR II–2905.

Where possible, refer to the official European Court Reports, which are cited as ECR. If an ECR reference is not available, the second best report is usually the Common Market Law Reports (CMLR).  If reported in WLR, you can use that instead of CMLR.  If the case is not reported, use the Official Journal citation.

When citing an opinion of an Advocate General, add the words ‘Opinion of AG [name]’ after the case citation and a comma, and before any pinpoint.

Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák, paras 79–100.

Decisions of the European Commission in relation to competition law and mergers are to be treated as cases. Give the names of the parties (or the commonly used short name) in italics, the case number in brackets, the Commission Decision number (where available), and the OJ report.

Alcatel/Telettra (Case IV/M.042) Commission Decision 91/251/EEC [1991] OJ L122/48

Further information about citing EU cases can be found from page 30 of the OSCOLA guide.

Bibliography: Table of cases

EU cases should be arranged alphabetically by first party name in the table of cases, with the case number following the name of the case in brackets, so that ‘Case T–344/99 Arne Mathisen AS v Council [2002] ECR II–2905’ is cited in the table of cases under ‘A’ as ‘Arne Mathisen AS v Council (T–344/99) 11 [2002] ECR II–2905’. If the table of cases is divided by jurisdiction, list ECJ, CFI and Commission decisions separately, in chronological and numerical order, citing the cases as in footnotes, with the case number first, but omitting the word ‘Case’. If a large number of such cases are cited, it may be helpful to compile a separate table of the cases in alphabetical order.