1. Induction Flashcards
Sources of Law: Primary
The EU Treaties
(UK joined in 1973)
1992: The Treaty on European Union or TEU (Maastricht Treaty).
2007: The Treaty on the Functioning of the EU or TFEU (Lisbon Treaty).
TEU and TFEU are sole PRIMARY SOURCES of EU law.
Sources of Law: Secondary
Regulations (2ndary legislation)
- Art 288 TFEU: “general application…binding in its entirety and directly applicable in all MS.”
Directives (2ndary legislation)
- Art 288 TFEU: “binding, as to the result to be achieved, upon each MS to which it is addressed, but shall leave to the national auth the choice of form and methods.”
- have deadlines for implementation by MS, if not specified, then is 20 days after publication (Art 297 TFEU).
Decisions (2ndary legislation IF procedure followed)
- Art 288 TFEU: “binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.”
Sources of Law: Case Law
Case judgements provide clarity, however they do not create law themselves.
Act as a guide.
Sources of Law: Non-Binding Acts or ‘Soft Law’
Art 288 TFEU: “Recommendations and opinions shall have no binding force.”
EU Competence
Principle of Conferral
- Art 5(2) TEU: EU can only act within competences conferred by the treaties to achieve objectives.
Principle of Subsidiarity
- Art 5(3) TEU: Unless competence, EU can only act where objectives can’t be achieved by MS and can be better achieved by EU.
Institutions: European Parliament
766 MEPs elected by MS citizens for 5-year terms. 73 from UK.
Makes legislation, scrutinises budget, debates, supervisory role (esp. Commission).
Institutions: European Council
Heads of MS, President (Elected by EC), President of the Commission.
Art 15(1) TEU: provides the impetus for EU development, defines EU’s political priorities.
Institutions: Council of The EU
Ministers from MS, Qualified Majority Voting.
Make policy, scrutinise budget, legislation, sign international agreements.
Institutions: European Commission
One commissioner from each MS, President of Commission, High Rep of the Union for Foreign/Social Affairs.
Initiates legislation, drafts/manages budget, enforces EU law, EU’s negotiator in international treaties.
‘The Guardian of the Treaties’.
Institutions: The EU Courts
The Court of Justice of the EU
- One judge from each MS, nine Attorney-Generals.
- Interpret/enforce EU law, determine validity of acts and legislation of the EU, rule on Preliminary hearings from national courts.
The General Court
- One judge from each MS, no A-Gs.
Specialised Courts
- Only one, Civil Service Tribunal.
Institutions: European Central Bank
Not important
Institutions: European Court of Auditors
Not a court.
Not important.
