EU Law Flashcards

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
What is direct effect?
If the directive gives rights to an individual, the individual can claim against the state
26
What is vertical direct effect?
Where the individual can claim against an arm of the state even if the directive has not yet been implemented
27
What case demonstrates vertical direct effect?
Marshall v Southampton Foster v British Gas
28
What is horizontal direct effect?
If a directive has not been implemented the individual cannot claim against another person
29
What case shows horizontal direct effect?
Duke v GEC
30
What are the council of ministers?
The principle law making body of the EU