EU Law Flashcards
Why was the EU set up W14P1 and P207
To prevent another war in Europe and to make economies stronger.
The first treaty (an agreement between countries) was in 1951 - The Coal and Steal Treaty.
The UK joined what was then the European Economic Community on the 1.1.1973.
Became EU because of the Treaty of EU 1993 before that the European Economic Community
From 2009 there are now two treaties - The Treaty of the EU and the treaty of the Functioning of the EU
What are the EU institutions W14P1 and P207
The European Commission - proposes new law
Council of the EU and The European Parliament - passes new law
The Court of Justice of the EU - Interprets and enforces EU law.
What is the Court of Justice of the EU P209
Its function is set out in article 19 of the Treaty of the European Union. Helps with the interpretation and enforcing law in member states. 1 judge from each state - full court is 11 judges - in cases where removing someone from the Commission or a case of great importance.
Normally sit in chambers of 3 or 5 judges. Sit in Luxembourg
Appointed by A253 of TFEU must be able to be appointed - term of 6 years can do 2 - select one of themselves to be the president of the court. Assisted by 11 advocate generals who research all legal points, they sit for terms of 6 years as well.
What are preliminary rulings W14P1 and P210
If a domestic court isn’t sure how to apply the EU law, they must make a reference to the ECJ for a ruling.
The case is put on hold until the ECJ send back an answer.
Any court may make a reference but if the Supreme Court is considering a pointy of EU law they must make a reference.
Doesn’t decide the case - only the point of law.
What are the key functions of the Court of Justice of the European Union P209 and 210
The courts task is to ensure that the law is applied uniformly in all member states and does this by performing two key functions:
It hears cases to decide whether member states have failed to fulfil obligations under the Treaties. This is normally done by the European Commission, although they can also be started by another member state.
This was shown in the case Re Tachographs: Commission V United Kingdom (1979).
The second is it hears references from national courts for preliminary rulings on points of EU law.
Re Tachographs: Commission V United Kingdom (1979) P212
A Regulation requiring mechanical recording equipment to be installed in lorries was issued. The UK government of the day decided not to implement the Regulation, but to leave it to lorry drivers to decide whether or not to put in such equipment. When the matter was referred to the Court of Justice of the EU it was held that Member States had no discretion in the case of Regulations. The wording of Article 288 was explicit and meant that Regulations were automatically law in Member States.
What is different about the Court of Justice P210 and 211
Present cases on paper, there is an Advocate General (independent lawyer) - shows their findings on the law after the parties have made their submission, the views of judges are kept secret - where necessary decisions are made by a majority. The judgement is given in a written form and all the judges sign it so it’s not known if any judges disagree with the majority. In England disagree and explain why, not bound by previous decisions and prefer purposive approach to interpretation.
What is the Council of the EU P207 and 208
The gov of each nation sends a representative to the council (normally the Foreign Minister) - minister of area of discussion.
Meet twice a year - take it in turns to provide President of Council - committee of permanent representatives for day to day running.
Principle law making body (passes new law). Voting in the council is in 80% of decisions by qualified majority given 55% of member states vote in favour and at least 65% of the EU pop is represented. This is known as the double majority rule.
The European Commission P208
Consists of 28 commissioners who are supposed to act independently of their nation of origin - each state has one
Each one is appointed for a 5 year term and can be removed during this time by a vote of censure by the Parliament.
Each commissioners heads a department with special responsibility
It has several functions: puts forward proposals for new laws, makes sure treaties are implemented and has the duty to intervene if necessary and refer it to the Court of Justice of the European Union. Also implements the EU budget and how money is spent.
The European Parliament P208 and 209
The members of parliament are directly elected by the electorate of the member states (every 5 years) - how many MP’s from each country is determined by the size of the pop.
Form political groups with those of the same political alliance.
Meet once a month for sessions - discuss proposals made by the commission and then report to full parliament.
Parliament used to have consultative role but now co-legislator with the Council in most areas.
Some areas can’t make law only give opinion, like competition law.
It’s other roles are: decide on international agreement, whether to admit new member states and asks to propose legislation etc.
Sources of European Union law P211
There are primary and secondary sources of law. Primary sources are mainly the treaties (the most important is the Treaty of Rome itself and now the Treaty of the EU). Secondary sources are legislations passed by the institutions of the Union. There are three types of secondary legislation: regulations, directives and decisions.
What are Treaties P211 and 212
While the UK is a member state of the European Union any treaties made by the Union are automatically part of EU law. This comes from the European Communities Act 1972.
This means that law contained in the Treaties is directly applicable and does not need an Act of Parliament in the UK to make them law. Therefore, once a treaty is signed it instantly becomes applicable in member states. Not only does it make EU part of UK law individuals can rely on it. This is called direct effect.
This was shown in the case Macarthys Ltd V Smith (1980).
UK courts can apply European Treaty law directly rather than wait for the Court of Justice of the EU to make a decision on the point of law.
Macarthys Ltd V Smith (1980) P212
Wendy Smith’s employer paid her less than her male predecessor for exactly the same job. As the two people were not employed at the same time there was no breach of English domestic law. However, Smith was able to claim that the company that employed her was in breach of Article 157 (TFEU) over equal pay for men and women and this claim was confirmed by the Court of Justice of the European Union.
What are EU Regulations P212 and 213
Laws issued by the Council of the European Union, which are binding on member states and automatically apply in each member country. They do not have to be adopted in any way by member states. This means they are directly applicable. They are directly applicable which was shown in the case Tachographs: Commission V United Kingdom (1979). This stops member states picking and choosing which regulations they implement.
What are EU Directives P213
They are issued by the council of the European Union and direct all member states to bring their own laws on a topic so that harmony is achieved throughout the EU.
It is A288 TFEU that gives the power to the Union to issue directives and regulations. Member states will pass their own laws to bring directives into effect. These laws have to be bought in a certain time period set by the European Commission. They can be implemented by statutory instruments, acts of parliament and Order in Council made by the Privy Council
