A1 Legal System

Question 1

What does the Treaty on European Union do?

Answer 1

Sets out general aims and structures of the EU

Question 2

What does the Treaty on the Functioning of the EU do?

Answer 2

Sets out substantive law of the EU

Question 3

What does Art 288 TFEU do?

Answer 3

It provides for secondary legislation (regulations, directive, decisions) to be sources of law
It provides that recomendations and opinions have no binding force

Question 4

What is the source of primary legislation in the EU?

Answer 4

Treaties

Question 5

EU: Regulations

• Applicability?
• Binding nature?
• Directly applicable?

Answer 5

General application
Binding in their entirety
Directly applicable without MS enacting laws

Question 6

EU: Directives

• Applicability
• Binding nature?
• Directly applicable?

Answer 6

Only applies to those MS that they address
Binding upon those MS as to result to be achieved
Not directly applicable and must be re-enacted by each MS

Question 7

EU: Decisions

• Applicability
• Binding nature
• Direct applicability

Answer 7

Applies to individuals or MS to whom they are addressed
Binding in entirety on those persons
Do not need to be re-enacted as law to have legal effect

Question 8

EU: Recommendations and opinions

• Binding?
• Persuasive?

Answer 8

No binding legal force, only persuasive
However, should be taken into account by courts when interpreting national law which has been enacted to enforce EU directives (Grimaldi v Fonds)

Question 9

EU: Guidelines and notices

- Binding?

Answer 9

Not binding.

Generally followed by the courts.

Question 10

What is the highest authority on application and interpretation of EU law?

Answer 10

CJEU (Court of Justice of European Union)

Question 11

Are CJEU decisions binding? (Hint: Costa v ENEL)

Answer 11

Yes. Costa v ENEL establishes that national courts of individual MS are obliged to follow CJEU decisions.

Question 12

Art 258 TFEU allows…

Answer 12

The Commission to bring proceedings before the CJEU against a MS for not fulfilling treaty obligations

Question 13

Art 259 TFEU allows…

Answer 13

A MS to bring proceedings against a MS in the CJEU for not fulfilling treaty obligations

Question 14

Art 260 provides that…

Answer 14

If the CJEU finds that MS has not complied with treaty obligation, the MS shall be required to take the necessary measures to comply with the judgment of the Court

Question 15

Van Gend en Loos established that

Answer 15

Treaty Articles are directly effective

Question 16

Direct Effect: definition

Answer 16

Provisions of EU Law confer rights on individuals which can be enforced in national courts

Question 17

Are treaties directly applicable in the UK?

Answer 17

No. They need Parliamentary ratification (European Communities Act 1972)