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AS Law LA1 > EU 2.0 > Flashcards

EU 2.0 Flashcards

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1
Q

What treaty was the EU formed by?

A

Treaty of Rome 1957

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2
Q

Originally how many MS were there?

How many are there today?

A

6

28

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3
Q

When did the UK join the EU?

What Act was passed as a result?

A

1st January 1973

European Communities Act 1972

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4
Q

What did the T of L 2009 do to the EU?

A

Restructured it
Now 2 treaties setting out its function
- TEU
- TFEU

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5
Q

What are the 4 main EU institutions?

A
  1. Council of the EU
  2. Commission
  3. EP
  4. ECJ
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6
Q

In addition to the 4 main bodies, what else is there in the EU?

A

Several ancillary bodies

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7
Q

What is the most powerful ancillary body?

A

Economic and social committee

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8
Q

What is the Commission?

A

EU’s permanent administration

Has many different responsibilities

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9
Q

How many commissioners are there?

A

28 - 1 for each MS

Supposed to act independently from MS, act in interest of whole EU

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10
Q

How long are commissioners appointed for?

A

5 years
Only be removed n this time by a vote of censure passed by EP
- 1991, Fraud

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11
Q

What is each commissioner responsible for?

A

Area of EU policy + heads a department

Setting + managing EU policy in own area (transport)

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12
Q

What did the T of L do to the number of commissioners?

A

Under the T of L, the number of commissioners was reduced in 2014
Now fewer commissioners than MS

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13
Q

What are the 5 main roles of the commission?

A
  1. ‘Commission proposes, Council disposes’
  2. Guardian of T
    Ensures MS implements T, intervenes if not
    Refers to ECJ if necessary
    Re Tachographs Commission v UK
  3. Implements decisions by EP
  4. Manages EU common policies (overseas aid)
  5. Executive power to implement EU budget
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14
Q

Re Tachographs Commission v UK

A

Held UK = breach of EU regulation
Reg stated tachograph had to be installed in every lorry
UK informed the haulage companies = voluntary rather than compulsory
EU declared the UK to be in breach of the leg

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15
Q

Does the Commission have any legislative powers?

A

Some delegated to it by the Council

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16
Q

Strength of the Commission?

A

Considered the most powerful EU body
Has many different legislative powers
Motivating force behind leg

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17
Q

Weaknesses of the Commission?

A

Commissioners aren’t directly elected by electorate

e.g. our commissioner = appointed by PM so not democratic

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18
Q

Who are the members of the Council?

A

Variable

G of each MS sends a rep (usually Min) depending of the topic of discussion

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19
Q

Who is the president of the Council?

A

Members take it in turns to hold presidency for 6 months

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20
Q

Who are members of the Council assisted by?

A

Committee of permanent representatives
Deal with day-to-day work
Corper

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21
Q

Where do the Heads of G meet twice a year? Why?

Council

A

Twice a year the heads of G meet in a summit to discuss broad matters of policy
UK rep = PM

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22
Q

What is the Council?

A

Main decision making body of the EU

Defines general political directives + priorities

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23
Q

What does Art 288 TFEU give the Council the power to do?

A

Issue regulations, directives, decisions

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24
Q

What do the Ministers of the Council do?

A

Considers proposals of law

Have power to commit their G to new policies

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25
Q

Does the Council have any legislative power?

A

Shared with EP under co-decisions procdure

26
Q

What are the 5 main roles of the Council?

A
  1. Defines general political directives + priorities
  2. Art 288 TFEU - issue reg, directives, decisions
  3. Concludes international agreements (negotiated by Commission)
  4. Allows new MS to join
  5. Amends T
27
Q

How is the voting in the Council qualified?

A

Unanimously on important Qs (amending Treaties, launching new common policy or allowing MS join)

Otherwise majority - proportion to countries population

28
Q

Strengths of Council?

A
  1. Decision making in hands of Mis = democratically elected
  2. Balances interests of MS v EU
  3. More accountable than the Commission; Min = answerable to national P + their electorates
29
Q

Weaknesses of the Council?

A
  1. Decision = taken in secret - difficult for national P to keep track
  2. Majority vote - MS have decisions forced upon them
30
Q

What is the composition of the EP?

A

Members = elected by citizens of all MS every 5 yrs

MEPs sit in political groupings not country groups

31
Q

When do the members of the EP meet?

A

Strasbourg + Brussels

Up to 1 week in each place, each month

32
Q

What is the main roles of the EP?

A

Discuss proposals put forward by the Commission

- standing committees, discuss proposals put forward by the Commission + report back the the P for full debate

33
Q

Are the decisions made by the EP binding?

A

No

But v influential on Council of Ministers

34
Q

What does the co-operation procedure allow the EP to give to the Commission?

A

Opinions on draft directives + regulations proposed

Commission can be asked amend proposals, take into account P’s position.

35
Q

What do MEP have more of under the T of L?

A

More say in EU law-making

36
Q

Strengths of the EP

A
  1. Seen as giving democratic legitimacy to EP
  2. Power over budget, must approve + can veto it
  3. Power to sack entire commission through vote of censure (1991)
37
Q

Weaknesses of the EP

A
  1. No real power (T of L has changed this)
  2. Doesn’t have same power as national P
  3. Can’t propose leg, only discuss + vot on laws proposed by Commission
38
Q

What does the EP have power over?

A

Accept/ reject Commissioners when nominate by a MS
Sack all of the Commissioners (vote of censure, 1991)
Over the budget, must approve + can veto it
Its agreement is needed for any international treaties that the EU wants to enter into

39
Q

Can the EU join any treaties that it wants to?

A

Yes

BUT needs EP permission

40
Q

What is the function of the ECJ?

A

Article 19 TFEU sets out the function

‘Ensure that in the interpretation + app of T, law = observed’

41
Q

What T sets out the function of the ECJ?

A

Article 19 TFEU

42
Q

Where is the ECJ?

A

Luxembourg

43
Q

How many judges are in the ECJ?

A

28 - 1 each MS
11 judges sit full CT
Also sit in chambers of 3/5

44
Q

How are the judges in the ECJ appointed?

A

Under Article 253 TFEU
Must hold highest judicial post in own MS / be a leading academic
Appointed for 6 years (can be re-appointed)

45
Q

Who are the judges assisted by?

A

9 Advocate generals (app 6 yrs)
Article 253 - role help judges
- research legal points + present reasoned conclusion on cases submitted to the ECJ

46
Q

What T sets out the role of the ECJ?

A

Art 19 TFEU

47
Q

What are the 2 key roles of the ECJ?

A
  1. Judicial role

2. Supervisory role

48
Q

Judicial role of the ECJ?

A

Decide MS = failed fulfil obligations under EU Ts
Case = usually initiated by Commission (Re Tachographs)
Can be started by another MS
Decision = binding + superior to national law
Factortame (1990)

49
Q

Factortame (1990)

A

Britain had to put aside Merchant Shipping Act 1988 - conflicted with EU law

50
Q

Supervisory role of the ECJ?

A

Art 267 TFEU - hears references from national Cts for preliminary ruling on point EU law
Doesn’t have to decide case - interprets + clarifies
Sends case back to Ct originated from, they apply
Irrelevant what MS sends case - binding on all in future interpretations

51
Q

What does the ECJ act as for UK citizens?

A

Another appeal route (points of EU law only)

52
Q

What T does the referral procedure come under?

A

Art 267 TFEU

53
Q

What UK Cts have mandatory referrals to ECJ?

A

Supreme Ct on Q of EU law; highest UK Ct

Marshall v Southhampton Area Health Authority

54
Q

What UK Cts can make discretionary referrals to the ECJ?

A

Any Ct but Supreme
If they feel preliminary ruling = needed make judgement

Torfaen Borough Council v B+Q (1986)

55
Q

Torfaen Borough Council v B+Q (1986)

What did it illustrate?

A

Mag Ct referred case - whether restrictions Sunday trading broke T of R

Illustrates any Ct (even the lowest) can refer a matter of EU law directly to the ECJ

56
Q

What are the 5 guidelines the CA give in Bulmer + Bollinger on when to make a discretionary referral to the ECJ?

A
  1. Guidance must = necessary to reach decision in case
  2. = no need to refer Q that = already decided by the ECJ
  3. = no need to refer a point which is reasonably clear/ free from doubt
  4. Ct must consider all the circumstances of case
  5. Ct retains the right not to refer
57
Q

What was the 1st case referred to the ECJ by the UK?

A

Van Duyn v Home Office (1974)

58
Q

What are the 3 advantages of making a referral?

A

Lord Bingham:

  1. ECJ has overview of EU
  2. Able compare all circumstances of the case
  3. ECJ = used to taking purposive approach
59
Q

What are the 4 disadvantages of making a referral?

A
  1. cause delays
  2. Leads to ££
  3. Increase delays in ECJ
  4. May be made contrary to parties wishes
60
Q

What are the 3 impacts ECJ judgements have on MS?

A
  1. Binds all Cts in MS - ensures uniformity
  2. Modifies + changes law - affect sim cases in the future
  3. Cts must consider ECJ ruling in application on national law
61
Q

How is the ECJ different to English Cts?

A
  1. Evidence = written
  2. Use Advocate Generals
  3. Deliberation of judges = conducted secretly
  4. No dissenting judgement
  5. ECJ not bound by previous decisions
  6. Purposive method (UK = lit)

AS Law LA1 (13 decks)

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