8-Law Making: European Union

Question 1

When did UK join EEC?

Answer 1

1 January 1973

Question 2

What are the 4 main institutions which exercise the functions of the European Union?

Answer 2

1) Council of the European Union
2) The Commission
3) European Parliament
4) CJEU

Question 3

How is each member state represented in the Council of the European Union?

Answer 3

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

Question 4

How is voting in the Council of the EU decided?

Answer 4

Through qualified majority

Question 5

In what two ways is a majority found for a decision in the Council of the EU?

Answer 5

Double majority

1) 55% of member states in favour
and. ..
2) states representing at least 65% of EU population.

Question 6

What is the name for the two part system of deciding votes in the Council of the EU?

Answer 6

The double majority rule

Question 7

How many members does the European Commission have?

Answer 7

Equal to the number of states in the Union

Question 8

What are 3 roles of the European Commission?

Answer 8

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

Question 9

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?

Answer 9

The European Commission

Question 10

What roles does the European Parliament have?

Answer 10

1) International agreements
2) Member state applications
3) Reviews The Commission’s work

Question 11

1) International agreements
2) Member state applications
3) Reviews The Commission’s work

Which institution does these roles belong to?

Answer 11

The European Parliament

Question 12

How many judges are in the CJEU?

Answer 12

One per member State

Question 13

What is the main function of the CJEU?

Answer 13

To ensure that the law is applied uniformly in all Member States.

Question 14

To ensure that the law is applied uniformly in all Member States.

Which institution’s role is this?

Answer 14

CJEU

Question 15

How does the CJEU perform its primary function?

Answer 15

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)

Question 16

What article gives CJEU powers to give preliminary rulings on points of EU law from National Courts?

Answer 16

Article 267 (TFEU)

Question 17

Article 267 (TFEU)

What is the significance of this article for CJEU?

Answer 17

It gives CJEU powers to give preliminary rulings on points of EU law from National Courts

Question 18

What article gives CJEU powers to decide if a Member State has failed to fulfil its obligations under Treaties?

Answer 18

Article 288 (TFEU)

Question 19

Example case of CJEU implementing powers under article 288 (TFEU)

Answer 19

Tachographs: The Commission v UK (1979)

Question 20

Example of a case that was referred to CJEU under article 267 (TFEU)

Answer 20

Van Duyn v Home Office (1974)

Question 21

What are the main sources of EU law?

Answer 21

1) Treaties
2) Regulations
3) Directives

Question 22

Under what statute do EU Treaties have affect on our legal system?

Answer 22

s2(1) European Communities Act 1972

Question 23

s2(1) European Communities Act 1972

What is the significance of this statute on relationship between our Courts and EU?

Answer 23

EU treaties have affect in our legal system too.

Question 24

What case demonstrates that EU Regulations are automatically implied in our law?

Answer 24

Tachographs: Commission v UK (1979)

Question 25

What is an EU Directive?

Answer 25

When EU tells member states to create a certain law by whatever means.

Question 26

When EU tells member states to create a certain law by whatever means.

What is this a definition of?

Answer 26

EU Directive

Question 27

In what way can a C claim if their state has failed to implement an EU directive?

Answer 27

Direct Effect

• Vertical direct effect
• Horizontal direct effect

Question 28

How does vertical direct effect work regarding EU directives?

Answer 28

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.

Question 29

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?

Answer 29

Vertical direct effect

Question 30

How does Horizontal direct effect protect EU citizens rights when a member state fails to implement and EU directive?

Answer 30

Allows C to claim against state for loss caused by state even if the D was originally not the state itself.

Question 31

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?

Answer 31

Horizontal direct effect

Question 32

What case established that EU law takes precedence over sovereign member state law?

Answer 32

Van Gend en Loos (1963)

Question 33

Van Gend en Loos (1963)

What is the significance of this case for EU law precedence

Answer 33

Established that EU law takes precedence over member state law.

Question 34

Articles 2-6 and 8-12 of the ECHR

Answer 34

2-Life
3-Torture
4-Slavery
5-Liberty
6-Fair
8-Private
9-Thought
10-Expression
11-Assembly
12-Marriage

Question 35

What Act incorporated ECHR into U.K. law?

Answer 35

Human Rights Act 1998

Question 36

Human Rights Act 1998

Answer 36

Incorporated ECHR law in U.K. law.