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A-LEVEL LAW > EU LAW > Flashcards

EU LAW Flashcards

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1
Q

Which countries were the founding of the European economic community? (6)

A

-Belgium
-france
-germany
-Italy
-Luxembourg
-the Netherlands

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2
Q

What treaty was signed in the formation of the European economics community and when was it signed? (2)

A

Called the treaty of Rome and it was signed in 1957.

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3
Q

Which countries joined the European economics community in 1973? (3)

A

-Denmark
-United Kingdom
-Ireland

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4
Q

When was the name changed from the European economics community to the European Union? (1)

A

In 1993.

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5
Q

Which countries joined the European economics community in 1981? (1)

A

Greece

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6
Q

Which countries joined the European economics community in 1986? (2)

A

Portugal and Spain.

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7
Q

Which countries joined the European Union in 1995? (3)

A

-Austria
-Finland
-Sweden

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8
Q

Which countries joined the European Union in 2004? (10)

A

-Cyprus
-Czech Republic
-Estonia
-Hungary
-Latvia
-Lithuania
-Malta
-Poland
-Slovak republic
-Slovenia

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9
Q

Which countries joined the European Union in 2007? (2)

A

Bulgaria and Romania.

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10
Q

Which countries joined the European Union in 2013? (1)

A

Croatia.

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11
Q

When did Britain leave the European Union? (1)

A

In 2016.

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12
Q

What was the treaty of Lisbon and when was it signed? (2)

A

Was signed in 2009, and it restructured the European Union, making new two treaty’s that set out the new rules of the European Union.

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13
Q

What were the two treaties that followed the treaty of Lisbon? (2)

A

-the treaty of European Union (TEU).

-the treaty of the functioning of the European Union (TFEU).

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14
Q

What are the main institutions that set out the functions of the European Union? (4)

A

-the council of the European Union
-the commission
-the European Parliament
-the court of justice of the European Union

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15
Q

What is the council of the European Union? (1)

A

The council is the main law making body of the European Union by a qualified majority.

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16
Q

What is the the court of justice of the European Union? (2)

A

It’s function is to make sure that the law is applied fairly in all member states, they do this by hearing cases to decide whether a member state has not fulfilled an obligation under the treaties of the European Union.
It also hears references from other national courts from preliminary rulings on European law.

17
Q

What is the European Commission? (2)

A

Pass forward proposals for new laws to become act of the European Parliament, said to be the ‘guardian’ of the European Union treaties therefore ensure that the no provisions go unimplemented.
Is also responsible for the administration of the union and has power to implement unions budget and supervise the outcome of it.

18
Q

What is the European Parliament? (3)

A

They are a stand up committee which discuss proposals made by the commission then report to full parliament for debate.
Approves or rejects a legislative proposal made by the commission or propose amendments to it.
Also decide on international agreements, and the admission of another member of state.

19
Q

What is BREXIT? (1)

A

In which the United Kingdom took part in a referendum where Britain citizens voted to leave the European Union in 2016

20
Q

Which act made treaties automatically part of member state law, in terms of the European Union? (1)

A

the European communities act 1972 S2

21
Q

what gives the EU the power to issue regulations to all member states? (1)

A

article 288 TFEU which are ‘binding in every respect and directly applicable in each member state’

22
Q

what is the jurisdiction of the European parliament? (3)

A
  • decides on international agreements
  • decides on whether to admit a new member state
  • reviews commission work programme and asks it to propose legislation
23
Q

what is an example of when vertical direct effect is used? (1)

A

Marshall v Southampton and south west Hampshire and health authority (1986)

24
Q

what is horizontal direct effect? (1)

A

directives which have not been implemented do not, however, give an individual any rights against other people.

25
Q

what is a summary of the Re Tachographs ; commission v United Kingdom (1979) case? (2)

A

a regulation requiring mechanical recording equipment to be installed in all lorries used. UK government on the day did not issue but left it to lorry drivers to do as they wished. Referred to TCJEU and made the wording of article 288 explicit.

26
Q

define EU regulations. (1)

A

laws issued by the EU which are binding on member states and automatically apply in each member country.

27
Q

what is the jurisdiction of the European council? (1)

A

the principle law making body of the union.

28
Q

what is vertical direct effect? (1)

A

an individual can claim against the member state even when a directive has not been implemented by that state.

29
Q

give a case, in which, the direct application of EU regulations was tested? (1)

A

the Re Tachographs ; commission v United Kingdom (1979)

30
Q

what are the main institutions that set out the functions of the EU? (4)

A

-the commission
-the European parliament
-the European council
-the European court of justice

31
Q

what effect do regulations have? (1)

A

have direct effect (both vertically and horizontally) of an individual rights are clear.

32
Q

what effect do treaties have? (1)

A

have direct effect (both horizontally and vertically) if an individual rights are clear.

33
Q

what treaty was signed in the formation of the European economies community act and when was it signed? (2)

A

called the treaty of rome and was signed in 1957

34
Q

what happened in the Marshall v Southampton and South west Hampshire area health authority (1986)? (4)

A

-Marshall was required to retire at 62 whereas men had retired at 65
-under the sex discrimination act of 1975 it was not discriminatory
-she succeeded in an action of unfair dismissal by relying on the equal treatment directive 76/207.
-was not fully implemented in the UK (obligations were imposed by TECOJ)
-succeeded because her employers were an arm of the state.

35
Q

what is an example of when horizontal direct effect was used? (1)

A

Franovich v Italian republic (1991)

36
Q

what effect do directive have? (1)

A

have vertical direct effect if an individual rights are clear. No horizontal direct effect but individuals can claim against state for loss caused by failure to implement.

A-LEVEL LAW (45 decks)

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