EU Law

Question 1

Seven institutions of the EU

Answer 1

1. The European Parliament
2. The European Council
3. The Council of the EU
4. The European Commission
5. The Court of Justice of the EU
6. European Central Bank
7. The Court of Auditors

Question 2

Primary sources of EU Law

Answer 2

Treaties

Question 3

Secondary sources of EU Law

Answer 3

Regulations
Directives
Decisions
Guidelines/notices
Recommendations/opinions

Question 4

Tertiary Sources of EU Law

Answer 4

Case Law
Principles
International Treaties

Question 5

Two treaties of the EU and what they contain

Answer 5

Treaty on the EU (TEU)- sets out general aims and structure of EU
Treaty on the Functioning of the EU (TFEU)- details actual substantive law of EU

Question 6

What treaty are the seven core EU institutions set out in?

Answer 6

TEU- Article 13

Question 7

The legislative procedure of the EU?

Answer 7

The European Commission initiates legislation which is then normally adopted by the EP and the Council of the EU acting together.

Question 8

Differences between the European Council and the Council of the European Union?

Answer 8

The European Council consists of Heads of State or Gov of each MS, together with its own and President of Commission. It makes general policy decisions and provides the EU with overall strategic direction.

The Council of the European Union fulfils a legislative function. It consists of a ministerial representative from each MS (it used to be called the Council of Ministers)

Question 9

How are matters voted on at the Council of the European Union?

Answer 9

On a majority basis- a qualified majority is required to pass a motion.

Question 10

What does the EP do?

Answer 10

It amends/blocks/approves legislation.
It scrutinises the budget for EU- approval is required before draft budget can be adopted.
Scrutinises other institutions eg. Commission

Question 11

Who belongs to the EP?

Answer 11

705 MEPs who are democratically elected by citizens of the MS for 5 years

Question 12

What does the European Commission do?

Answer 12

It is the sole EU institution with the ability to propose new laws (which are then voted upon by EP and Council of the EU).

Question 13

What is the Court of the Justice of the EU?

Answer 13

The name used to describe the court system of the EU, which is a 3 tier system comprising of the following:

• Court of Justice- (formally the European Court of Justice)
• General Court (formally the Court of First Instance)
• Specialised Courts (currently the only one is the Civil Service Tribunal)

Question 14

The judges of the CJ (highest tier court of CJEU)

Answer 14

Consist of one judge from each MS who are wholly independent and do not represent interests of their MS.

Question 15

The CJ is also assisted by Advocate Generals- what do they do?

Answer 15

They act as advisors to the court, producing non-binding opinions.

Question 16

The European Central Bank

Answer 16

Acts as the central bank for Europe and is responsible for administering monetary policy throughout the Eurozone. Main aim is to ensure price stability within Eurozone.

Question 17

The Court of Auditors

Answer 17

Oversees and audits EU’s financing, ensuring expenditure complies with EU’s budget.

Question 18

Which Article of the TFEU provides for secondary legislation?

Answer 18

Article 288 TFEU

Question 19

Characteristics of Regulations

Answer 19

Directly applicable to MS without them having to enact them.

Question 20

Characteristics of Directives

Answer 20

Binding upon the MS they address

Not directly applicable- MS are required to implement them.

Question 21

Characteristics of Decisions

Answer 21

Apply to those persons (individuals or MSs) to whom they are addressed and are binding in their entirety upon them

Question 22

Recommendations, opinions, guidelines, notices

Answer 22

These have no binding legal force, they are persuasive only.

They do have political weight and are frequently followed.

Question 23

Case Law

Answer 23

The CJEU (judgment’s of EU law) is the ultimate authority on the application and interpretation of EU law.
Single majority judgment - no dissenting opinion.
No system of binding precedent.

Question 24

General Principles

Answer 24

Principles with the CJEU thinks underlie EU law.

• legal certainty
• non- respectivity
• proportionality
• sincere and loyal co-operation
• equality and non-discrimination
• respect for fundamental rights

Question 25

Where does the supremacy of EU law come from?

Answer 25

Case law (originally the treaties did not expressly state whether or not EU law was supreme over national law). 
Case law- where conflict between EU and national law, EU law will prevail.

Question 26

Which case established the supremacy of EU law?

Answer 26

Costa v E.N.E.L

Built upon the principle first established in Van Gend en Loos

Question 27

Costa v E.N.E.L

Answer 27

Italian gov passed a law nationalising their electricity industry. Mr Costa refused to pay his electricity bill on the basis that the law breached the provisions in the EU treaties. Italian gov argued that Italian court had to apply national law. However, Italian court was obliged to follow EU law even if it conflicted with national law.

Question 28

Simmenthal

Answer 28

Confirmed the supremacy of EU law by stating that:

• any existing provision of national law which is contrary to EU law is rendered automatically inapplicable and
• MS cannot validly adopt new national laws which conflict with EU law

Question 29

The principle of the supremacy of EU law has now been enshrined in the Treaties by..

Answer 29

the Treaty of Lisbon in Declaration 17 (Concerning Primacy)