8-Law Making: European Union Flashcards
When did UK join EEC?
1 January 1973
What are the 4 main institutions which exercise the functions of the European Union?
1) Council of the European Union
2) The Commission
3) European Parliament
4) CJEU
How is each member state represented in the Council of the European Union?
1) a minister from each country is assigned-usually foreign minister.
2) National from each country take in turns to be Council President-every 6 months
How is voting in the Council of the EU decided?
Through qualified majority
In what two ways is a majority found for a decision in the Council of the EU?
Double majority
1) 55% of member states in favour
and. ..
2) states representing at least 65% of EU population.
What is the name for the two part system of deciding votes in the Council of the EU?
The double majority rule
How many members does the European Commission have?
Equal to the number of states in the Union
What are 3 roles of the European Commission?
1) Proposes new laws
2) Ensures Treaties and regs are implemented-refers member states to the CJEU if they fail to adhere
3) The budget
1) Proposes new laws
2) Ensures Treaties and regs are implemented-refers member states the the CJEU is they fail to adhere
3) The budget
Which institution’s roles are these?
The European Commission
What roles does the European Parliament have?
1) International agreements
2) Member state applications
3) Reviews The Commission’s work
1) International agreements
2) Member state applications
3) Reviews The Commission’s work
Which institution does these roles belong to?
The European Parliament
How many judges are in the CJEU?
One per member State
What is the main function of the CJEU?
To ensure that the law is applied uniformly in all Member States.
To ensure that the law is applied uniformly in all Member States.
Which institution’s role is this?
CJEU
How does the CJEU perform its primary function?
In 2 ways
1) Hears cases to decide whether Member States have failed to fulfil obligations under the Treaties.-Tachographs
2) Gives preliminary rulings on points of EU law from National Courts-Van Duyn v Home Office (1974)
What article gives CJEU powers to give preliminary rulings on points of EU law from National Courts?
Article 267 (TFEU)
Article 267 (TFEU)
What is the significance of this article for CJEU?
It gives CJEU powers to give preliminary rulings on points of EU law from National Courts
What article gives CJEU powers to decide if a Member State has failed to fulfil its obligations under Treaties?
Article 288 (TFEU)
Example case of CJEU implementing powers under article 288 (TFEU)
Tachographs: The Commission v UK (1979)
Example of a case that was referred to CJEU under article 267 (TFEU)
Van Duyn v Home Office (1974)
What are the main sources of EU law?
1) Treaties
2) Regulations
3) Directives
Under what statute do EU Treaties have affect on our legal system?
s2(1) European Communities Act 1972
s2(1) European Communities Act 1972
What is the significance of this statute on relationship between our Courts and EU?
EU treaties have affect in our legal system too.
What case demonstrates that EU Regulations are automatically implied in our law?
Tachographs: Commission v UK (1979)
What is an EU Directive?
When EU tells member states to create a certain law by whatever means.
When EU tells member states to create a certain law by whatever means.
What is this a definition of?
EU Directive
In what way can a C claim if their state has failed to implement an EU directive?
Direct Effect
- Vertical direct effect
- Horizontal direct effect
How does vertical direct effect work regarding EU directives?
It ensures a citizens rights under EU law if their state fails to implement an EU directive by allowing them to claim…
-against the State.
It ensures a citizens rights under EU law if their state fails to implement an EU directive by allowing them to claim…
-against the State.
What is this describing?
Vertical direct effect
How does Horizontal direct effect protect EU citizens rights when a member state fails to implement and EU directive?
Allows C to claim against state for loss caused by state even if the D was originally not the state itself.
Allows C to claim against state for loss caused by state even if the D was originally not the state itself.
What does this describe?
Horizontal direct effect
What case established that EU law takes precedence over sovereign member state law?
Van Gend en Loos (1963)
Van Gend en Loos (1963)
What is the significance of this case for EU law precedence
Established that EU law takes precedence over member state law.
Articles 2-6 and 8-12 of the ECHR
2-Life 3-Torture 4-Slavery 5-Liberty 6-Fair 8-Private 9-Thought 10-Expression 11-Assembly 12-Marriage
What Act incorporated ECHR into U.K. law?
Human Rights Act 1998
Human Rights Act 1998
Incorporated ECHR law in U.K. law.
