EU Law Flashcards

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1
Q

How many states are part of the EU?

A

28

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2
Q

The EU Commission consists of how many members?

A

28

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3
Q

Commissioners are supposed to act independent of what?

A

Their country

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4
Q

How long is a commissioners term?

A

5 Years

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5
Q

Name a department a commissioner may be a head of?

A

Department of Transportation

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6
Q

European Parliament is spilt up into what?

A

Political parties

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7
Q

How often does European parliament meet?

A

Once a month

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8
Q

European court of Justice was set out in what article?

A

Article 19 - Treaty of the EU

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9
Q

How long does an ECJ judge sit for?

A

6 Years

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10
Q

Where does an ECJ judge sit?

A

Luxembourg

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11
Q

The ECJ is not bound by what?

A

Its own decisions

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12
Q

The ECJ uses what approach to interpretation?

A

Purposive

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13
Q

What are Treaties?

A

Primary sources of European law

-Created directly by the EU

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14
Q

Treaties automatically become what?

A

Law

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15
Q

Mccarthy’s v Smith is about what?

A

Equal pay

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16
Q

Regulations are?

A

Binding on all member states

17
Q

What do regulations aim to do?

A

Create legislative uniformity

18
Q

Regulations are directly applicable is every member state shown in what UK case?

A

RE Tachographs Commission v UK

19
Q

When a regulation comes into force it overrides what?

A

All national laws around the same subject

20
Q

Directives are an attempt to create?

A

Legislative harmony

21
Q

Are directives directly applicable?

A

No - unlike treaties and regulations

22
Q

Member states have to do what to bring directives into effect?

A

Pass their own laws

23
Q

What act is an example of a directive?

A

Consumer protection act 1987

24
Q

If member states do not implement a directive within the given time period what can the ECJ do?

A

Give the directive direct effect

25
Q

What is direct effect?

A

If the directive gives rights to an individual, the individual can claim against the state

26
Q

What is vertical direct effect?

A

Where the individual can claim against an arm of the state even if the directive has not yet been implemented

27
Q

What case demonstrates vertical direct effect?

A

Marshall v Southampton

Foster v British Gas

28
Q

What is horizontal direct effect?

A

If a directive has not been implemented the individual cannot claim against another person

29
Q

What case shows horizontal direct effect?

A

Duke v GEC

30
Q

What are the council of ministers?

A

The principle law making body of the EU