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Law (Year 1) > EU Law > Flashcards

EU Law Flashcards

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1
Q

How many member states are in the EU

A

27

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2
Q

How many states were in the EU when it began

A

6

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3
Q

What were the main objectives of the EEC when it was established

A

To establish economic prosperity and peace following WWII

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4
Q

How did the EEC intend to establish economic prosperity

A

By establishing an internal market

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5
Q

What does an internal market allow free movement of?

A

Goods
Services
Workers
Capital

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6
Q

What is a treaty

A

Legal agreement between nations

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7
Q

What happens to a treaty after it is signed by member states

A

must be ratified

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8
Q

what is ratification

A

the process of approving treaties and integrating them into domestic law

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9
Q

What are the aims of the EU according to article 3 of the TEU

A

Promote peace
Offer citizens an area of freedom without internal frotiers
Establisment of an internal market
Establishment of an economic and monetary union, with a common currency

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10
Q

What is an example of an issue with a free tade area, from an economic standpoint

A

Could promote inefficiencies due to no import duties, rather than importing the same product from a more efficient source

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11
Q

What is the primary function of the european parliament

A

a forum for debate and adoption/rejection of legislation

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12
Q

Who makes up the council of the EU

A

Ministers from the member states

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13
Q

B

A
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14
Q

What are the two types of voting used by the council of the EU

A

Unanimous decision or QMV (Qualified Majority Voting)

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15
Q

What are the three types of laws made by the EU

A

Regulations
Directives
Decisions

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16
Q

What is a regulation

A

A law that applies to all member states and is directly applicable to domestic law

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17
Q

What is a directive

A

A law that applies to all member states which are addressed and must be implemented into the member state

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18
Q

What is a decision

A

A law that applies to all member sates or individuals addressed which take direct effect in domestic law

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19
Q

Who makes up the commission?

A

One independent commissioner from each state

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20
Q

Who makes up the European Parliament

A

Members of the European Parliament (MEPs) are directly elected by citizens of the MS

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21
Q

What is the role of the European Council

A

Strategic direction

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22
Q

What is the role of the commission

A

Creates proposals for legislation

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23
Q

What is the role of the Council of the EU

A

Takes decisions on proposals for legislation within the European Parliament

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24
Q

What are the two methods of voting used by the Council of the EU

A

QMV and Unanimous

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25
Q

What is the role of the European Parliament?

A

EP takes decisions on proposals for legislation with the council of the EU

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26
Q

What type of voting does the EP use?

A

Simple or absolute majority voting

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27
Q

How does law making work in the EU?

A

Ordinary law making procedure - both the EP and council of the EU have to agree to a proposal for it to be passed as legislation

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28
Q

What does supranational mean?

A

Decision making takes place at a higher point than the member states themselves and such decisions replace or override domestic laws

29
Q

Why does the EU have to be supranational

A

Because otherwise the member states would be able to ignore the EU legislation, which would jeopardise the uniform application of EU legislation across member states

30
Q

What act allowed the UK to join the European Union

A

European Communitites Act 1972

31
Q

What is a dualist state?

A

A state where the government must pass national legislation to incorporate international treaties into domestic law

32
Q

What are the arguments saying the ECA 1972 challenged parliamentary soverignty

A

it allowed parliament to bind its successors

33
Q

What are the arguments saying the ECA 1972 did not challenge parliamentary sovereignty?

A

any limitations were entered into voluntarily
The ECA 1972 could be repealed at any time

34
Q

Which article of which act sets out how the citizens of the EU are to be treated?

A

Article 10 TEU

35
Q

What is one of the issues with respect to democratic law making in the EU

A

The commission is not elected (executive dominance)

36
Q

Which articles of which treaty establish the commission’s accountability to the EP

A

Article 17 and 234 TFEU

37
Q

Which treaty sets out the democratic principles of the EU and their powers and responsibilities

A

TEU

38
Q

Which treaty contains the more specific information regarding the objectives and operation of the EU?

A

TFEU

39
Q

How is the CoJ made up?

A

one judge from each member state assisted by elevel AGs

40
Q

How can judges and AGs become judges in the CoJ?

A

Must have gained appointment to the ‘highest judicial office’ in their own country

41
Q

What is the role of a judge in the CoJ?

A

Ensure the interpretation and application of this Treaty the law is observed

42
Q

What was the General Court established for?

A

Created in 1986 to relieve the workload of the CJ

43
Q

What is the composition of the General Court?

A

two judges per member state

44
Q

What is the approach used by the courts in the EU?

A

Teleological approach

45
Q

What is the teleological approach?

A

Finding the ordinary meaninig of the term from its context and in light of the objectives from the treaty

46
Q

What does implement mean?

A

introduce national legislation to incorporate law into the member state

47
Q

what is a preliminary ruling?

A

a ruling of the court of justice on the interpretation of EU law that a national court must apply

48
Q

What were the brexiteers arguments regarding national sovereignty?

A

loss of sovereignty, EU migrants are a drain on the UK’s public services

49
Q

What were the remainers arguments regarding national sovereignty?

A

UK has ‘pooled’ its sovereignty, studies show EU migrants are net contributors

50
Q

What were the brexiteers arguments regarding cost?

A

Cost of UK membership is too high and badly spent money,the UK’s economy will be fine outside Europe

51
Q

What were the remainers arguments regarding cost?

A

EU membership leads to job contribution, regional and strategic investment

52
Q

What article of which treaty lays out the procedure of leaving the EU

A

Article 50 TEU

53
Q

What does article 50(3) of the TEU say regarding treaties?

A

All treaties will cease to apply to the MS from the date of entry into force of the withdrawal agreement

54
Q

Which case lead to litigation regarding the triggering of article 50?

A

Miller case

55
Q

Which act triggered article 50?

A

European Union (Notification of Withdrawal) Act 2017

56
Q

Which act repealed the European Communities Act 1972?

A

European Union (Withdrawal) Act 2018

57
Q

Which agreement allowed the UK to trade with the EU following rules outside the WTO rules?

A

EU-UK Trade and Cooperation agreement

58
Q

What was the official date where the UK left the EU?

A

31st jan 2020

59
Q

What was the official date of IP day?

A

31st Dec 2020

60
Q

What is EU retained law?

A

directly applicable treaty provisions, regulations and decisions and national law implementing devices

61
Q

What section of which act defined EU retained law?

A

ss 2-4 of European Union Withdrawal Act 2018

62
Q

What happens if EU retained law conflicts with domestic law?

A

EU law still takes supremacy

63
Q

Which act addressed what happens if EU and domestic law clash

A

European Union Withdrawal Act 2018

64
Q

How is EU retained law to be interpreted?

A

It should ne interpreted with reference to EU retained case law (Before 31.12.2020)

65
Q

Which act defines how to interpret EU retained law?

A

S6 EU withdrawal Act 2018

66
Q

Where are the powers to make technical amendments to EU retained law enshrined?

A

s8 EU withdrawal Act 2018

67
Q

What does the ‘Brexit Freedoms Bill’ allow for?

A

It allows the gov. to amend or remove outdated EU retained law easier

68
Q

What is the official name of the Brexit Freedoms Bill?

A

EU Retained Law (Revocation and Reform) Bill 2022

69
Q

What is the ‘sunset clause’

A

A clause stating that any EU retained law not restated or revoked by 31st Dec 2023 will be revoked

Law (Year 1) (3 decks)

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