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Public Law 1 > EU Institutions > Flashcards

EU Institutions Flashcards

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1
Q

What year was the European Coal and Steel Community Treaty was signed? What did it establish?

A

1951.
Established the European Coal and Steel Community.
Aim of creating common market for coal and steel - signed by 6 states (Belgium, France, Italy, Luxembourg, the Netherlands and West Germany) - UK declined.

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2
Q

What two further treaties were signed by the same states as signed the European Coal and Steel Community Treaty in 1957?

A

Treaties of Rome:
- European Economic Community Treaty - established European Economic Community.
- European Atomic Energy Community. The aim of this was to govern the non-military use of atomic energy, what is now called nuclear power.
UK declined.

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3
Q

What was the first territory to withdraw from the European Communities? When?

A

Algeria (French colony) 1962.

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4
Q

What were the three communities?

A
  1. European Coal and Steel Community.
  2. European Economic Community.
  3. European Atomic Energy Community.
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5
Q

What did the Merger Treaty (1965) establish?

A

Each community had their own Commission and their own Council of Ministers (shared court and common rep assembly).
The treaty established a single Commission and a single Council of Ministers to be shared by all three communities.

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6
Q

Key things that happened between 1970 and 1992? (3)

A
  1. UK joined European Communities in 1973 - greece, ireland and denmark followed.
  2. 1986 - Single European Act was signed. Don’t be misled by the name. This was a treaty signed by the Member States (for single market).
  3. The Treaty of European Union was signed in February 1992. It came into force the following year.
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7
Q

What’s the other name for the The Treaty on European Union? What are the three pillars?

A

Maastricht Treaty - created the EU.

  1. First pillar - comprised the European Economic Community, although it was renamed simply as the European Community.
  2. Second pillar - framework for Member States to co-operate on specified matters relating to justice and home affairs.
  3. Third pillar - framework for Member States to adopt common positions on areas of foreign and security policy if they so wished.
    - Note - 2/3 pillars designed to provide framework, not to go beyond that
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8
Q

What did member states of the EU and EFTA (European Free Trade Area) sign in 1992?

A

the Agreement on the European Economic Area: established the European Economic Area (EEA).
–> comprises an internal market covering the European Union and the EFTA and is based on the rules governing the internal market of the European Union. However, the fields that fall within the scope of the EEA Agreement are more limited

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9
Q

Key things 1995–2004? (3)

A
  • 2000, a Charter of Fundamental Rights was adopted.
  • 2002, the European Coal and Steel Community Treaty expired. Its rules were absorbed by the European Community.
  • 2004 - 10 further states and Member States signed the Constitutional Treaty.
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10
Q

Key things 2005–2013? (2)

A
  • 2005 - constitutional treaty abandoned
  • Lisbon treaty signed – designed as a response to the rejection of the Constitutional Treaty. It renamed the EC Treaty as the Treaty on the Functioning of the European Union
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11
Q

What’s the process of withdrawing from the European Union governed by?

A

Article 50 of the Treaty on European Union.

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12
Q

What’s the relationship between the UK and EU now governed by?

A

The Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. This is more commonly known simply as the ‘The Withdrawal Agreement’.

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13
Q

What happens to EU law in the UK during the transition period (was until Dec 31 2020)?

A

EU law continues to apply in the United Kingdom (Article 127(1)) and to have the same legal effects it does in Member States (Article 127(3)). To that end, any references to Member States in EU law is treated as including the United Kingdom during that period (Article 127(6)).

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14
Q

What’s the most controversial part of the Withdrawal Agreement?

A

Protocol on Ireland/Northern Ireland

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15
Q

What are the 5 categories of EU law?

A

• Primary sources. These are the EU Treaties and the Charter of Fundamental Rights.
• Secondary sources and acts. These are regulations, directives and decisions.
• Case law.
• International Agreements. These are international treaties.
• Non-binding acts (‘soft law’).
—also overarching general principles of EU law

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16
Q

2 primary sources of EU law (EU treaties)?

A

• The Treaty on the Functioning of the European Union. This is commonly abbreviated as
‘TFEU’.
• The Treaty of European Union. This is commonly shortened to the acronym ‘TEU’.

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17
Q

What is the importance of the Charter?

A
  • adopted 2000
  • Formal legal recognition by Lisbon Treaty of 2007 - insertion of art 6(2) of TEU.
  • Art 6(1) TEU - Charter has same legal status as treaties.
  • More limited - art 51 of Charter says can only regulate activities of EU and Member states when implementing EU law.
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18
Q

What does the Charter’s limited application mean in practice?

A

Therefore, the Charter can be used to interpret EU law or to determine the lawfulness of the EU’s acts or of national measures giving effect to EU law. But it does not provide an independent source of competence for the European Union, or an independent legal basis for its activities.

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19
Q

Regulations?

A

Art 288 TFEU - secondary legislation:
- ‘A regulation shall have general application. It shall be binding in its entirety and
directly applicable in all Member States.’
—> without those Member States having to enact their own legal measures to implement or give effect to it.

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20
Q

Directives?

A

Art 288 TFEU - secondary legislation:

  • ‘A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.’
  • –> in contrast to regulations, Member States are required to implement directives by enacting their own legal measures to incorporate or to give effect to them in their national law. The deadline for implementing a directive will normally be specified in the directive itself. Typically, this will be two years after the directive was adopted. If no deadline is specified in the directive, the deadline for implementation will be 20 days after the publication of the directive (Article 297 TFEU).
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21
Q

Decisions?

A

Art 288 - secondary legislation:

  • ‘A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.’
  • –> Decisions are exactly what their name indicates.
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22
Q

Case law?

A
  • Cases of EU Courts - extremely important
  • No dissenting or concurring judgment
    • Prevents undermining, encourages unanimity
  • While there is a hierarchy between the courts of the EU, there is no system of binding precedent. An EU court may depart from its own precedents and from those of another EU court - rarely happens with higher courts.
  • The opinions of the Advocate Generals will also form part of this case law. Opinion on how court should decide case - only recommendations.
23
Q

Context of international agreements/treaties?

A 
Art 47 TEU - EU's legal personality - can enter into int treaties. 
Art 216(1) TFEU - EU can enter into legal agreements under following circumstances: 
• where the EU Treaties so provide; or
• where the conclusion of an international agreement is necessary in order to achieve one of the objectives referred to in the EU Treaties; or
• where the conclusion of an international agreement is provided for in a legally binding EU act; or
• where the conclusion of an international agreement is likely to affect common rules or alter their scope.
24
Q

Non-binding Acts of EU?

A
  • Article 288 TFEU provides for the institutions to be able to make recommendations and to deliver opinions. The article expressly states that these are non-binding.
  • Other non-binding acts include communications, declarations, notices, programmes and resolutions.
25
Q

What are the 6 general principles of EU Law?

A
  • Sincere and loyal co-operation - Member States take appropriate measures to ensure fulfilment of their obligations under EU law (Art. 4(3) TEU).
  • Equality and non-discrimination.
  • Respect for fundamental rights (Art. 6(3) TEU).
  • Legal certainty.
  • Non-retrospectivity - prevents EU acts from taking effect at a point in time before their publication.
  • Proportionality - This requires that an act must be suitable and necessary to attain the object pursued and that it must not go further.
26
Q

What are the 7 EU Institutions? (art 13 TEU)

A
  1. The European Parliament;
  2. The European Council;
  3. The Council of the European Union;
  4. The European Commission;
  5. The Court of Justice of the European Union;
  6. The European Central Bank; and
  7. The Court of Auditors.
27
Q
  1. The European Parliament;
A
  • 705 MEPs - democratically elected by citizens of member states.
  • Supposed to represent interests of EU citizens.
  • 3 key functions;
    1. Make legislation (cannot initiate proposals)
    2. Scrutinises EU budget - approves before adopted by EU
    3. scrutinises other institutions - especially Commission
  • – Can ask oral and written questions and establish committees of inquiry
28
Q
  1. The European Council;
A
  • Comprised of the heads of State or heads of Government of the Member States. Also has President. President of Commission also member.

functions:
- basic function is to set the general future direction of the European Union and to determine its priorities. In practice, the European Council will also deal with issues which are too complex or politically sensitive to be dealt with at a lower level.
- It is the European Council which instigates any amendments to the EU treaties

29
Q
  1. The Council of the European Union;
A
  • comprised of Government Ministers from the Member States. Each Member State will be represented on the Council by one Minister. The Ministers who are present at a meeting of the Council will normally be those with responsibility in their own Government for the area being discussed.
  • Represents interests of Member States
  • Decisions - qualified majority voting
  • Lisbon treaty reformed system - 55% in favour, must comprise at least 15 members of Council, must also represent at least 65% of the European Union population. However, at least four Council members must oppose a decision in order for it to be blocked.
  • 238 TFEU provide exceptions to this

Functions (4)

  • Making legislation - normally has to approve
  • scrutinises budget - approval requied
  • Responsible for making policy - acts as forum
  • Signs international agreements on behalf of EU
30
Q
  1. The European Commission;
A
  • One Commissioner from each state
  • Commission must be approved by EU Parliament
  • Led by President - nominated by European Council - approved by EU Parliament
  • Also Commission is the High Representative of the Union for Foreign Affairs and Security Policy.
  • –> responsible for conducting the European Union’s common foreign and security policy

Functions:

  • Initiates legislation (but must be approved by Council of EU and Parliament)
  • Administers policies and programmes of EU
  • Draft budget (but must be approved by Council of EU and Parliament) once approved, manages
  • Key role in enforcing EU law - one of the functions of the Commission is to decide whether or not an undertaking, such as a company or firm, is in breach of EU competition law.
  • Can bring action in CoJ against Member States
  • ‘Guardian of Treaties’
  • acts as the EU’s representative on certain international bodies.
31
Q
  1. The Court of Justice of the European Union; (and other courts)
A
  • Top of hierarchy of EU Courts
  • One judge from each member state
  • 9 advocate generals
  • —> deliver reasoned opinion
  • General court next level - one judge each state, no advocate generals.

Art 19 TEU provides existence of specialised courts. Only one to date (Civil Service Tribunal).

32
Q

Can National Courts appeal to EU Courts?

A

No appeal from national courts to EU courts.
- National courts can make reference to CoJ - questions about EU Law - EU Courts will consider, and then make a preliminary ruling - case will then return to national court.

33
Q
  1. The European Central Bank; and
A

2 functions:

  • co-operates with the central banks of the Member States in the European System of Central Banks. The primary objective of this is to maintain price stability.
  • conduct the monetary policy of those Member States who are in the Eurosystem.
34
Q
  1. The Court of Auditors.
A

One member each state - simply responsible for auditing revenue and expenditure of EU

35
Q

What is the supremacy of EU Law?

A

National law cannot override EU law. EU law must prevail over the offending national law instead.

36
Q

4 cases re. supremacy of EU Law?

A
  1. Van Gend en Loos - foundation for principle laid
  2. Costa v E.N.E.L. - principle ESTABLISHED
  3. Internationale Handelsgesellschaft
  4. Simmenthal
37
Q

What was the rationale for the supremacy of EU Law in Costa v E.N.E.L?

A

EEC Treaty: established a new legal order in which the Member States had accepted on a reciprocal basis and in which they had limited their sovereign rights. The Member States cannot accord precedence to their own legal measures over a legal system accepted by them on this basis. The force of EEC law cannot vary between Member States.
–> The Court of Justice added that the EEC Treaty used clear and precise provisions wherever it granted the Member States the right to act unilaterally. –> Moreover, the requirements under Article 189 EEC (now Article 288 TFEU) that regulations shall be binding and directly applicable in all Member States would be meaningless if national law could prevail over EEC law.

38
Q

What was held in Internationale Handelsgesellschaft re. supremacy of EU Law?

A

EEC law takes precedence over the national constitutions of the Member States. It also takes precedence over any fundamental rights provided by these national constitutions.

Two points:

  1. The Court of Justice has mitigated the effect of this to some extent by adding in the same case that the protection of fundamental rights was itself a general principle of EU law. Consequently, EU law must itself be interpreted and applied in accordance with fundamental rights.
  2. The national courts of a number of Member States, while accepting the supremacy of EU law in general, have refused to accept that EU law can take precedence over their national constitutions. Nevertheless, the Court of Justice has continued to insist that it must do so.
39
Q

Three points that CoJ held in Simmenthal?

A

1) The principle applies in all national courts. This includes the constitutional courts of the Member States.
2) The principle applies irrespective of when the national law was enacted.
3) The Italian court which made the preliminary reference was not entitled to wait until the Italian constitutional court had ruled that the national law was to be disapplied. The Court of Justice insisted that EEC law must immediately be given precedence over the national law.

40
Q

Has the supremacy of EU law been formally recognised?

A

Yes - Declaration 17 of the Final Act of the Intergovernmental Conference which adopted the Lisbon Treaty in 2007.

41
Q

3 methods developed by CoJ to enable EU law to be enforced in national courts?

A
  1. Direct Effect
  2. Indirect Effect
  3. State liability
42
Q

When does an EU legal measure have direct effect?

A

Where it confers immediate rights on individuals which national courts must enforce - i.e. EU treaty, secondary legislation or other legally binding act of the EU.
– established in Van Gend

43
Q

Facts of Van Gend?

A
  • importation of urea formaldehyde from West Germany to the Netherlands by Van Gend en Loos
  • Customs duty - increased from 3% to 8%
  • Company sought to challenge in Dutch Court - relying on art 12 EEC treaty (prohibited increase in customs duties)
  • At the time - international treaties only considered to grant rights to individuals which could be enforced in national courts if treaties provided for this - EEC id not
44
Q

Judgment of Van Gend?

A
  • Answered that art 12 EEC DID create right which national courts had to protect

Reasoning:

  • EEC more than agreement between Member States
  • constituted legal order - included states and their nationals
  • Whilst some rights expressly granted by Treaty, some were IMPLICITLY granted… art 12 was one of these
  • CoJ took teleological based approach
  • Court said considering ‘spirit and general scheme’ of treaty
  • Court attaches effectiveness of EU law to treaties
45
Q

What are the requirements for Direct Effect?

A

‘Van Gend en Loos criteria’

  1. SUFFICIENTLY CLEAR AND PRECISE
  2. UNCONDITIONAL
46
Q

First: Sufficiently clear and precise - what does it mean?

A

Means that it must set out the obligation in UNEQUIVOCAL terms.

  • Does not need to be absolutely clear, just sufficiently
  • Also: note: the mere fact that the provision needs to be interpreted will not prevent it from having direct effect so long as the interpretation can be resolved by the court.
47
Q

Second: Unconditional - what does it mean?

A

Noted in Cooperativa Agricola Zootecnica:

1) It specified that the provision must not be qualified by any condition.
2) The provision must also not be subject, in its implementation or effects, to the taking of any measure by Community institutions or Member States. In other words, the provision will fail the conditionality requirement if it has to be implemented by the EU institutions or by the Member States.

  • conditionality requirement seeks to ensure that the legal right in question is available immediately.
48
Q

Can Positive Obligations Have Direct Effect?

A

The mere fact that a provision contains an obligation framed in positive terms will not prevent it from being able to have direct effect.

49
Q

Against Whom Can EU Treaty Articles Have

A

VERTICAL DIRECT EFFECT

  • The State
  • Bodies part of the state

HORIZONTAL DIRECT EFFECT
- Private parties

50
Q

Can regulations have direct effect? (Art 288 TFEU)

A

Can only have direct effect if they satisfy the Van Gend en Loos criteria:

  • Sufficiently clear and precise
  • Unconditional

VERTICAL AND HORIZONTAL

51
Q

Can decisions have direct effect? (Art 288 TFEU)

A

Can only have direct effect if they satisfy the Van Gend en Loos criteria:

  • Sufficiently clear and precise
  • Unconditional

CAN ONLY BE RELIED UPON AGAINST THE PARTY TO WHOM IT WAS ADDRESSED

52
Q

What’s the two strand approach of direct effect and international agreements?

A
  1. The first strand determines whether the international agreement is capable of having direct effect in the first place. - reflects the international law principle that contracting parties to an international agreement are free to agree what the effect of that agreement is to be in their legal systems.
  2. The second strand determines whether the specific provision of the international agreement satisfies the Van Gend en Loos criteria so as to be able to have direct effect in national courts. It must be sufficiently clear and precise, and unconditional.
53
Q

Can recommendations and opinions have direct effect?

A

No - although they may be taken into account by national courts where they cast light on the interpretation of other legal measures.

Public Law 1 (13 decks)

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