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Paper 3 Contract Law > ELS-The EU > Flashcards

ELS-The EU Flashcards

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1
Q

EEC

A

European Economic Community

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2
Q

What was the EEC set up by?

A

The Treaty of Rome

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3
Q

When was the EEC set up?

A

1957

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4
Q

When did the UK join the EEC?

A

1st January 1973

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5
Q

TEU

A

The Treat of the European Union

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6
Q

What is the TEU commonly known as?

A

Maastricht Treaty

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7
Q

What did the TEU do?

A

Extended the alliance’s power and renamed it the European Union.

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8
Q

2 treaties which set out how the EU operates.

A

TEU
TFEU

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9
Q

TFEU

A

The Treaty of the Functioning of the European Union

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10
Q

When was the Treaty of Rome signed?

A

1957

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11
Q

Who are the founder members of the EU joining in 1957?

A

Belgium
France
Germany
Italy
Luxembourg
The Netherlands

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12
Q

Which 3 countries joined in 1973?

A

Denmark
Ireland
UK

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13
Q

What did the UK pass upon joining the EU?

A

The European Communities Act 1972

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14
Q

[NOT IMPORTANT] Who joined in 1981?

A

Greece

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15
Q

[NOT IMPORTANT] Which 2 countries joined in 1986?

A

Portugal
Spain

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16
Q

[NOT IMPORTANT] Which 3 countries joined in 1995?

A

Austria
Finland
Sweden

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17
Q

[NOT IMPORTANT] What 10 countries joined in 2004?

A

Cyprus
Czech Republic
Estonia
Hungary
Latvia
Lithuania
Malta
Poland
Slovak Republic
Slovenia

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18
Q

[NOT IMPORTANT] Which 2 countries joined in 2007?

A

Bulgaria
Romania

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19
Q

[NOT IMPORTANT] Who joined in 2013?

A

Croatia

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20
Q

4 institutions of the EU.

A
  1. The Council of the European Union.
  2. The Commission
  3. The European Parliament
  4. The European Court of Justice
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21
Q

What does each country’s government send to the Council of the European Union?

A

A representative

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22
Q

Who is the country’s main representative in the Council of the European Union?

A

The Foreign Minister

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23
Q

Who will the country send as a representative to the Council of the European Union if not the Foreign Minister?

A

A relevant substitute e.g., Minister for Agriculture if the Council is discussing agricultural policy.

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24
Q

How often do the Heads of Government attend the Council of the European Union?

A

Usually attend for a meeting twice a year

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25
Q

What role does the Council of the European Union have in the EU?

A

Is the main law-making body.

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26
Q

For laws to be passed through the Council of the European Union, what must there be?

A

A ‘double majority’

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27
Q

What is a ‘double majority’ classed as in the Council of the European Union?

A
  1. 55% of member states must vote in favour
  2. Countries in favour must represent over 65% of the EU’s population
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28
Q

How many Commissioners is the Commission comprised of?

A

27-one from each country

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29
Q

How long of a term do Commissioners in the Commisison serve?

A

5-year term

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30
Q

Functions of the Commission.

A
  1. Put forward new laws for consideration by the Council and Parliament
  2. Refer countries to the ECJ if they are not following treaties-act as ‘guardians’ of the treaties
  3. Responsible for the administration of the union and implementing its budget.
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31
Q

How are members of the European Parliament chosen?

A

Directly elected by voters across Europe in elections that take place every 5 years.

32
Q

What are Members of the European Parliament known as?

A

MEPs

33
Q

What role did the European Parliament USED to have?

A

Consultative role only

34
Q

What role does the European Parliament have now?

A

Has equal powers as the Council to legislate in most areas.

35
Q

Other roles of the European Parliament.

A
  1. Decides on international agreements.
  2. Decides on whether to admit new member states
  3. Reviews Commission’s work programme and asks it to propose new legislation.
36
Q

Where does the European Court of Justice (ECJ) sit?

A

Luxembourg

37
Q

Who does the ECJ consist of?

A

One judge from each member state

38
Q

Where specified by the Statute of the Court how many judges will sit?

A

A full court of 11 judges

39
Q

In other cases, how many judges will, normally, sit in the court?

A

3 or 5

40
Q

What does Article 253 of the TFEU state?

A

Judges will be appointed from those who are eligible for appointment to those highest judicial posts in their own country OR who are leading academic lawyers.

41
Q

How long of a term do judges serve in the ECJ?

A

6-year terms

42
Q

How is the President of the Court in the ECJ selected?

A

Judges in ECJ choose one of the judges to be President of the Court

43
Q

How long of a term do the 11 Advocates General serve in the ECJ?

A

6-year terms

44
Q

Who are judges in the ECJ supported by?

A

11 Advocates General

45
Q

2 key functions of the ECJ.

A
  1. Hear cases to decide whether member states are abiding by Treaties-referred to them by the Commission or other member states
  2. Hear cases referred to them by national courts-in UK, Supreme Court might refer cases to ECJ
46
Q

Which Article of the TFEU talk about the rules of preliminary rulings for the ECJ?

A

Article 267

47
Q

What does Article 267 of the TFEU state the ECJ has jurisdiction (authority) to do?

A

To make preliminary (pilot/introductory) rulings on:
The interpretation of the treaties
The validity and interpretation of acts passed by the EU
The interpretation of bodies established by an Act of Council

48
Q

Under Article 267 of the TFEU, the ECJ makes a preliminary ruling on the point of law but who is it then passed back to for judgement?

A

The original court

49
Q

Apart from the Supreme Court, are lower courts allowed to refer points of EU law to the ECJ directly?

A

Yes-but it is typically the Supreme Court

50
Q

How are cases presented in the ECJ?

A

Typically presented ‘on paper’ rather than through oral presentation

51
Q

Who presents the evidence to the judges in the ECJ?

A

The Advocate General

52
Q

Who is the Advocate General?

A

An indepedent lawyer

53
Q

When does the Advocate General present the all the evidence to the judges in the ECJ?

A

After parties involved have made their submissions

54
Q

How do judges vote on a decision in the ECJ and what does this mean?

A

Deliberate in secret and all sign the judgement so we do not know if there was a dissenting (opposing) view.

55
Q

Is the ECJ bound by its own precedent (prior cases)?

A

No

56
Q

What type of approach does the ECJ prefer to statutory interpretation and what has this encouraged?

A

Purposive (calculated) which in turn.
Has encouraged greater use of this approach in our national courts.

57
Q

Primary sources of EU law.

A

Key treaties, especially the Treaty of Rome and Maastricht Treaty

58
Q

Secondary sources of EU law.

A

Legislation passed by the institutions of the EU which take the form of Treaties, regulations and directives.

59
Q

Under what section and Act are all EU treaties applicable in the UK?

A

s.2 (1) of the European Communities Act 1972

60
Q

What does s.2 (1) of the European Communities Act 1972 say?

A

All EU treaties are applicable in the UK

61
Q

Case for all EU treaties being applicable in the UK.

A

Diocese of Hallam Trustee v Connaughton (1996)

62
Q

Facts of Diocese of Hallam Trustee.

A

Women left her job and male replacement was paid more than her.
Employer had not broken UK law as they were employed at different times.
However, Article 157 of the TFEU had been breached.

63
Q

What Article of the TFEU states that EU regulations automatically apply across the EU without the need for any action by national governments?

A

Article 288

64
Q

What does Article 288 of the TFEU state?

A

EU regulations automatically apply across the EU without the need for any action by national governments.

65
Q

Case for EU regulations applying across EU without action of national governments.

A

Re Tachographs: Commission v UK (1979)

66
Q

Facts of Re Tachographs: Commission.

A

Regulation requiring lorries to install recording equipment applied in the UK and the UK could not ignore the regulation.

67
Q

What do directives aim to do?

A

Harmonise law across the Eu

68
Q

What do directives require national governments to do?

A

Implement them within a specified time frame.

69
Q

[NOT IMPORTANT] How are EU directives typically implemented?

A

By statutory instrument but sometimes by Act of Parliament or Order in Council

70
Q

Where the nation state fails to implement directives-vertical direct effect.

A
  1. Directive
  2. State fails to implement directive within time limit
  3. Individual makes claim against an ‘arm of state’ (group which is part of government)
  4. Individual can rely on the directive.
71
Q

Where the nation state fails to implement directives-horizontal direct effect.

A
  1. Directive
  2. State fails to implement the directive within the time limit.
  3. Individual makes a claim against a non-state actor (e.g., business or individual)

(goes horizontal next to 3)

  1. Individual cannot rely on the directive.
72
Q

EU law takes precedence (priority) over national law.
True or false?

A

True

73
Q

Case for EU law has precedence over national law.

A

Factortame case (1990)

74
Q

Facts of Factortame.

A

ECJ decided UK could not enforce the UK Parliament’s Merchant Shipping Act 1988 as it contravened (conflicted with/breached) the Treaty of Rome.

75
Q

What does the EU law having precedence over UK law arguably end ?

A

Sovereignty of Parliament as it has to follow EU laws.

76
Q

What did EU laws having precedence over UK law lead to?

A

One of reasons for Brexit vote in 2016

Paper 3 Contract Law (30 decks)

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