English Legal System: The European Union Flashcards
What is the European Union?
Formed by the Treaty of Rome 1957.
Is a political and economic union consisting of 27 member states primarily located in Europe.
It was established with the aim of promoting peace, stability, and economic cooperation among its member nations and the desire to prevent further conflicts on the continent.
When did the UK join the EU?
1st January 1973
What is the Commission?
It consists of 28 commissioners which head a department with a special responsibility.
It puts forward proposals for new laws to be adopted
Ensures that measures adopted by the Union are properly implemented.
What is the Council of the EU?
The principle law making body of the Union.
The government of each nation in the Union sends a representative to the council depending on the topic under discussion.
What is the European Parliament?
Can approve or reject legislative proposals made by the Commission or proposed amendments to it.
Decides on international agreement and whether to admit new member states.
What is the court of Justice of the EU?
It decides whether a member state has failed in its obligations
ensures the consistent interpretation and application of EU law
settles legal disputes between member states.
article 267 TFEU gives the court of Justice jurisdiction to deliver preliminary rulings concerning the interpretation of treaties.
How did the Treaty of Lisbon restructure the EU?
It set out the rules in the Treaty of European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).
What are EU regulations?
Laws issued by the EU which are binding on member states and automatically apply in each member country under Article 288 TFEU.
What is an example case where the EU forced its regulations on a member state?
Commission V UK 1979: The UK failed to implement a regulation which ordered the installation of tachographs in lorries used to carry dangerous goods.
What are EU directives?
They are issued by the EU under Article 288 TFEU and direct all member states to bring in the same laws throughout all the countries.
What happens when a member state has failed to implement Union law?
The Commission has a duty to intervene and if necessary, refer the matter to the court of Justice of the EU.
What is a direct effect?
When a state fails to implement a directive which may grant rights to an individual so they may be able to file a claim against this.
What is a vertical direct effect?
when an individual can claim against the state if the directive has not been implemented.
pertains to the application of EU law in relationships between individuals or entities and public authorities.
What is an example case for vertical direct effect?
Marshall V Southampton and South West Hampshire Area Health Authority 1986: the court of Justice of the EU held that the compulsory different retirement ages were in breach.
What is the horizontal effect?
when an individual can claim against the state if the directive has not been implemented.
refers to the application of EU law in relationships between private individuals or entities, such as individuals or businesses.
