EU Law Flashcards

1
Q

What is the purpose of the European Union (EU)?

A

The EU was created to promote economic cooperation, social progress, and establish a single market across member states.

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2
Q

What are the four main institutions of the EU?

A

The European Commission, European Parliament, Council of the European Union, and the Court of Justice of the European Union (CJEU)

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3
Q

What is the role of the European Commission?

A

The European Commission proposes legislation, enforces EU law, and manages the day-to-day operations of the EU

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4
Q

What is the role of the European Parliament?

A

The European Parliament debates and passes EU legislation, works with the Council on the budget, and supervises other EU institutions.

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5
Q

What is the Court of Justice of the European Union (CJEU)?

A

The CJEU ensures EU law is interpreted and applied consistently across all member states and resolves disputes between member states and institutions.

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6
Q

What is EU primary legislation?

A

EU primary legislation includes treaties, such as the Treaty on the European Union (TEU) and Treaty on the Functioning of the European Union (TFEU), which set the framework for all EU law.

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7
Q

What is EU secondary legislation?

A

Secondary legislation consists of regulations, directives, and decisions made by EU institutions based on the principles set out in the treaties.

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8
Q

What are EU regulations?

A

Regulations are binding legal acts that apply directly in all member states without needing to be implemented through national legislation.

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9
Q

What are EU directives?

A

Directives are binding on member states, but they set out goals that countries must achieve, allowing them to decide how to implement the law in their own legal system.

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10
Q

What is the direct effect in EU law?

A

Direct effect allows individuals to rely on EU law in their national courts. Treaties and regulations have vertical and horizontal direct effect, while directives only have vertical direct effect.

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11
Q

What is the difference between vertical direct effect and horizontal direct effect?

A

Vertical direct effect allows individuals to enforce EU law against the state, while horizontal direct effect allows them to enforce it against other individuals or private bodies.

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12
Q

What is the supremacy of EU law?

A

Supremacy means that EU law takes precedence over national law, and member states must comply with EU law even if it conflicts with national legislation.

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13
Q

Give an example of a case that established the supremacy of EU law.

A

Give an example of a case that established the supremacy of EU law.

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14
Q

What is the European Union (Withdrawal) Act 2018?

A

This act ended the supremacy of EU law in the UK after Brexit, while retaining certain EU laws as part of UK domestic law, referred to as “retained EU law.”

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15
Q

What is the role of the Court of Justice of the European Union (CJEU) in preliminary rulings?

A

National courts of member states can refer questions to the CJEU for a preliminary ruling to clarify the interpretation or validity of EU law before applying it in national cases.

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