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EU Law Flashcards

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
What is the role of the European Parliament?
EP takes decisions on proposals for legislation with the council of the EU
26
What type of voting does the EP use?
Simple or absolute majority voting
27
How does law making work in the EU?
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
28
What does supranational mean?
Decision making takes place at a higher point than the member states themselves and such decisions replace or override domestic laws
29
Why does the EU have to be supranational
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
What act allowed the UK to join the European Union
European Communitites Act 1972
31
What is a dualist state?
A state where the government must pass national legislation to incorporate international treaties into domestic law
32
What are the arguments saying the ECA 1972 challenged parliamentary soverignty
it allowed parliament to bind its successors
33
What are the arguments saying the ECA 1972 did not challenge parliamentary sovereignty?
any limitations were entered into voluntarily The ECA 1972 could be repealed at any time
34
Which article of which act sets out how the citizens of the EU are to be treated?
Article 10 TEU
35
What is one of the issues with respect to democratic law making in the EU
The commission is not elected (executive dominance)
36
Which articles of which treaty establish the commission's accountability to the EP
Article 17 and 234 TFEU
37
Which treaty sets out the democratic principles of the EU and their powers and responsibilities
TEU
38
Which treaty contains the more specific information regarding the objectives and operation of the EU?
TFEU
39
How is the CoJ made up?
one judge from each member state assisted by elevel AGs
40
How can judges and AGs become judges in the CoJ?
Must have gained appointment to the 'highest judicial office' in their own country
41
What is the role of a judge in the CoJ?
Ensure the interpretation and application of this Treaty the law is observed
42
What was the General Court established for?
Created in 1986 to relieve the workload of the CJ
43
What is the composition of the General Court?
two judges per member state
44
What is the approach used by the courts in the EU?
Teleological approach
45
What is the teleological approach?
Finding the ordinary meaninig of the term from its context and in light of the objectives from the treaty
46
What does implement mean?
introduce national legislation to incorporate law into the member state
47
what is a preliminary ruling?
a ruling of the court of justice on the interpretation of EU law that a national court must apply
48
What were the brexiteers arguments regarding national sovereignty?
loss of sovereignty, EU migrants are a drain on the UK's public services
49
What were the remainers arguments regarding national sovereignty?
UK has 'pooled' its sovereignty, studies show EU migrants are net contributors
50
What were the brexiteers arguments regarding cost?
Cost of UK membership is too high and badly spent money,the UK's economy will be fine outside Europe
51
What were the remainers arguments regarding cost?
EU membership leads to job contribution, regional and strategic investment
52
What article of which treaty lays out the procedure of leaving the EU
Article 50 TEU
53
What does article 50(3) of the TEU say regarding treaties?
All treaties will cease to apply to the MS from the date of entry into force of the withdrawal agreement
54
Which case lead to litigation regarding the triggering of article 50?
Miller case
55
Which act triggered article 50?
European Union (Notification of Withdrawal) Act 2017
56
Which act repealed the European Communities Act 1972?
European Union (Withdrawal) Act 2018
57
Which agreement allowed the UK to trade with the EU following rules outside the WTO rules?
EU-UK Trade and Cooperation agreement
58
What was the official date where the UK left the EU?
31st jan 2020
59
What was the official date of IP day?
31st Dec 2020
60
What is EU retained law?
directly applicable treaty provisions, regulations and decisions and national law implementing devices
61
What section of which act defined EU retained law?
ss 2-4 of European Union Withdrawal Act 2018
62
What happens if EU retained law conflicts with domestic law?
EU law still takes supremacy
63
Which act addressed what happens if EU and domestic law clash
European Union Withdrawal Act 2018
64
How is EU retained law to be interpreted?
It should ne interpreted with reference to EU retained case law (Before 31.12.2020)
65
Which act defines how to interpret EU retained law?
S6 EU withdrawal Act 2018
66
Where are the powers to make technical amendments to EU retained law enshrined?
s8 EU withdrawal Act 2018
67
What does the 'Brexit Freedoms Bill' allow for?
It allows the gov. to amend or remove outdated EU retained law easier
68
What is the official name of the Brexit Freedoms Bill?
EU Retained Law (Revocation and Reform) Bill 2022
69
What is the 'sunset clause'
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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