11 - Law making : The EU Flashcards
when was the eu formed and when and how did the UK join
1957
joined in 1973 ith the treaty of rome
institutions of the EU
- council
- commision
- european parliament
- court of justice of the EU
function of the council
principle law making body of the EU
makeup of the council
the governemnt of each nation sends a representative to the council
usually a minister is repsonible for a vertain topic, for example an agriculture minister will attend when there are issues based on that topic.
function of the commision
proposes new laws to be adopted by parliament and council
ensures that provisions are enacted in member states
responsible for budgets ect
makeup of the commision
each member state has onecommisioner
they are appointed for 5 years
each commisioner heads a department with responsibility over an areas of EU policy - agriculture ect
function of european parliament
- members form groups with those with the same political alleigance
- meet once a month
- commisions discuss proposals by the commision an ddeliver them to parliament
- can co-legilslate with the council to approve or reject proposals by the commision
- reviews teh commisions work
makeup of the european parliament
751 members (known as MEPS)
elected by members states every 5 years
number of MEPS from each conry is determined by the size and poulation of that country
function of court of justice of the european union
decides when member states have failed in its obligations
hears from national courts for perliminary rulings on points of eu law
decisions made here are bidning on all courts in member states
makeup of the court of justice of the EU
- sits in luxembourg
- one judge from each member state
- for a full court all 11 judges will sit
- for other ccases there will be 5/3 judges
what are the three sources of EU law
- treaties
- regulations
- directives
what do treaties effect
primary legilsaton
automatically part of a state members law
what do regulations effect
- binding on member states
- automatically apply in each member state
what do directives effect
member states have to pass their own laws to implement directives wihin a time limit set by the commision
delegated legislation usually gets used in the uk
impact of EU law in engalnd and wales
- supreme court must refer quiestions of EU law to the cour of justice of the EU
- the EU method of interpretation is being used in UK courts
- EU law can override any inconsisten UK law, icnlduinga cts of parliament