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MELS > EU Law > Flashcards

EU Law Flashcards

1
Q

Basic History of the EU?

A
  • Treat of Paris, 1951
  • Treaty of Rome, 1957: EEC
  • UK joined EEC in 1973: Heath, 1972
  • Maastricht Treaty 1992: EU
  • Lisbon Treaty 2007 (the all important Art 50)
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2
Q

Lisbon Treaty?

A

Contains Article 50, which Britain needs to trigger in order to begin the negotiations that determine how Britain will actually exit the EU

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3
Q

European Communities Act 1972?

A

(dualist system)

  • the Act that enforces the principles of the Treaty of Rome in the UK: domestic legislation introducing the treaty is needed otherwise it doesn’t have immediate effect
  • Section 2(1): gives directly applicable EU legislation legal effect domestically
  • Section 2(2): gives Parliament power to implement non-directly-applicable EU legislation through SI
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4
Q

Treaty of Rome 1957, Art 2?

A

explains that the aim of the Community

  • common market
  • economic policy involvement: harmonious development of economic activity
  • balanced expansion
  • raised standard of living
  • closer relations between member states
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5
Q

Treaty of Rome 1957, Art 3?

A

explains how Art 2 aims will be achieved

  • elimination of customs duties (hard Brexit could reintroduce these, to our detriment)
  • common customs tariff and common policy
  • free movement of trade and labour
  • common agricultural policy
  • social fund
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6
Q

Areas that the EU has some competency in?

A

There are areas of shared and exclusive (EU only) competency

  • Economy
  • Film and TV
  • Environmental regulation
  • Transport
  • Human Rights/Non-Discrimination
  • Food Safety
  • *reluctance from member states to hand over power in the area of corporate tax rates**
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7
Q

Key EU Institutions?

A
  • European Commission
  • European Parliament
  • Council of Ministers (Council of European Union)
  • CJEU
  • European Council
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8
Q

European Commission?`

A

Administrative body, Brussels

  • proposes law and policy
  • 28 Commissioners: 1 from each Member, 5 years
  • unelected officials, nominated by respective govts, not representatives though
  • implement and safeguard EU law
  • can represent EU in other international bodies
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9
Q

European Parliament?

A

Directly elected body, Strasbourg: 751 MEPs

  • disengagement between public and this Parliament: not many knowing who their MEPs are: lack of understanding
  • previously weak regarding legislative powers but now has co-decision powers
  • supervises the Commission
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10
Q

Council of European Union?

A

(aka Council of Ministers)
Decision-making body: must approve of most EU proposals before it becomes EU law
- can amend or reject Commission proposals
- Ministers from each MS, representing their states
- can only vote if 15/28 Members are present (majority)
- unanimity required for important issues, e.g. common security policy

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11
Q

CJEU?

A

Luxembourg: Court of Justice of the EU (previously the ECJ)

  • one judge from each MS, 11 Advocates General
  • doesn’t overrule decisions of domestic courts
  • ensures EU law is interpreted and applied equally in every MS
  • ensures MS and EU institutions comply with EU law
  • 3 bodies; Court of Justice, General Court, Civil Service Tribunal
  • grown in size, competence and jurisdiction (rulings in favour of UK a lot of the time)
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12
Q

European Council?

A

Comprises Heads of State, Brussels

  • summit group: meet 4 times a year to discuss important issues (Theresa May not being wholly involved as Britain intends to exit)
  • -> behaviour of Russia recently, common security policy issues
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13
Q

CJEU: Court of Justice?

A
  • hears preliminary hearings

- hears from national courts

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14
Q

CJEU: General Court?

A
  • annulment actions by individuals, companies and EU govts
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15
Q

CJEU: Civil Service Tribunal?

A

EU staff disputes

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16
Q

CJEU: Statutory Interpretation?

A

Teleological approach: purposiveness

  • interpreting EU law: a broad purposive approach
  • look at the ‘spirit of the act’: social, cultural, political context
  • Lord Denning acknowledged this: shift from literal to purposive/teleological approach and this ‘tide’ couldn’t be stopped
17
Q

Key People in the EU?

A
  • Jean-Claude Juncker: president of European Commission
  • Donald Tusk: president of European Council
  • Egils Levitts, Court of Justice judge
  • Koen Lenaerts, president of Court of Justice
18
Q

EU Sources of Law?

A
  • Treaties
  • Directives
  • Regulations
  • Decisions
19
Q

EU law source: treaties?

A

Primary legislation

  • international agreements between MS
  • establish a framework and commitments
  • -> Treaty of Rome 1957, Maastricht Treaty 1992.
  • have vertical direct effect: directly enforceable in UK courts
20
Q

EU law source: directives?

A

Secondary legislation

  • not directly applicable: states must specifically implement them
  • the result to be achieved is binding
  • Art 249 of European Community Treaty: MS has choice as to form and method of implementation
  • UK: statutory instrument (Minister uses delegated authority to do so)
  • time period imposed for this implementation to occur: 3 years
21
Q

EU law source: regulations?

A

Secondary legislation

  • made by EU Council or Commission
  • Art 249 of European Community Treaty: regulations have are generally applicable. are binding and have direct applicability on MSs
  • immediately enforceable on the MS
  • horizontal and vertical effect
22
Q

EU law source: decisions?

A

Secondary Legislation

  • issued by the Commission
  • Art 249 of European Community Treaty: binding on and directly applicable to those to the addressee
  • addressee may be individual or a MS
  • specifically targeted against someone, for specific reasons
  • not directly applicable but may have direct effect
23
Q

EU: direct applicability?

A

Concerning implementation of EU law:
Legislation has immediate effect on the MS
- don’t require the MS to do anything for them to apply

24
Q

Supremacy of EU law?

A
  • EU treaty obligations have an effect of limitation of state sovereignty (major cause for concern in Brexit)
  • Direct applicability of Treaties and Regulations (and decisions on addressees)
  • Where provisions of a UK Act are inconsistent with directly applicable Community law, the UK provisions must be disapplied
  • EU’s increasing jurisdiction in areas that used to be under national control
25
Q

EU Law cases?

A
  • Van Gend en Loos: treaties have vertical direct effect
  • Costa v ENEL: treaty obligations limit state sovereignty
  • Factortame (1990): EU supremacy in courts (rights)
  • Factortame (No 2) (1991): EU supremacy > UK provisions –> MSA 1988
26
Q

EU: direct effect?

A

What the individual can do vis-a-vis their EU rights

  • EU legislation that can be invoked before a national or EU court
  • Implementation period must have passed
  • vertical: the individual brings a case against the state
  • horizontal: the individual brings a case against another private individual
27
Q

Costa v ENEL?

A

‘by creating a Community of unlimited duration…its own institutions…personality and capacity in law…Member states have restricted their sovereign rights’

  • case that reinforced the idea of EU law being supreme to domestic law
  • EU law is powerful
28
Q

Factortame (1990)

A
  • national courts are bound to ensure the protection of rights deriving from directly applicable Community laws
29
Q

Van Gend en Loos?

A

Concerning an individual’s enforcement of their EU rights

  • Demonstration of how treaties are directly applicable
  • Criteria: EU law must create ‘clear, precise and unconditional’ obligations on MS, and law must be ‘capable of producing rights’
  • ‘no room for discretion’ in implementation
30
Q

Factortame (No 2) (1991)

A

Supremacy of the EU law (direct applicability)

  • MSA 1988: provisions of the MSA were required to be disapplied by the UK courts if they contravened EU law.
  • UK provisions must give way to EU law where there is inconsistency between the two: handing over of power
31
Q

EU: indirect effect?

A

individuals can rely on directives against other individuals

  • National courts are under duty to ensure that national legislation is interpreted consistently with EU law, in so far as it is possible to do so, whether or not the directive has direct effect: Marleasing (1990)
  • implementation period has passed, but directive hasn’t been enforced in this time: individuals can’t turn to EU law to exercise their rights
  • -> interpretive tool of CJEU: ensure that the spirit of EU law is followed (purposive approach)
  • can’t impose criminal laibility
  • can’t be used where there’s conflict between national and EU law
32
Q

CJEU and national courts?

A

Art 267 of Treaty of the Functioning of the EU (TFEU)

  • preliminary reference: SC as final court of appeal is obliged to seek a ruling from CJEU in appropriate cases concerning EU law
  • -> only the case when we need advice because there is uncertainty: in doubt
  • once the CJEU has given reasoning on a case, the domestic court is obliged to follow said decision: preliminary ruling (theoretically there is no stare decisis/precedent)
  • preliminary ruling will then apply to other MSs’ courts, e.g. ruling in UK applies to France, Spain etc

MELS (6 decks)

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