EU Law and The Impact Of EU Law Flashcards
Name 3 key institutions within EU Law
Treaties
Directives
Regulations
What does Art 50 treaty on European Union (TEU) set out?
Sets out the rules of governing departure of EU state
When did UK vote to leave EU
2016
When did the EU change from EEC?
1992
When did the UK join the EU
1973
When was the EEC founded?
1957
What was the founding members existing law referred to?
Civil law legal system
Name 3 types of voting within EU law
Unanimity
Simple majority
Qualified majority
What is the difference between simple majority and qualified majority
Simple majority needs 15/28 states to agree in favour
Qualified majority needs 55% (16/28) states to vote in favour and any proposal must be supported by 65% of the population
Who is the European council (executive body) governed by and who are its members?
Donald Tusk is the president
Members are; Heads of state High representatives Foreign affairs Security
How many years is the European council president in office for?
2 and a half years
What is the role of the European council?
To define general political direction and priorities of the EU
What is the objectives of the EU commision?
Guard treaties
Propose new laws and policies
Who is the president of the European Commission?
Jean-Claude Juncker
Who is the UK commissioner for the European Commission? What is their portfolio?
Julian King - fight crime and terrorism
Who is the foreign affairs diplomat for the European Commission?
Federico Mogherni
What are departments within the European commissions also known as?
Directorates Generals
Define principle of collective responsibility
Where each commissioner had a say on decisions and is equally responsible
Who is responsible for passing laws and legislations within European Union?
European Council and European Parliament
What is an executive responsible for within European Union
Coordinating the authorities
Proposing judicial policies to make international agreements
In charge of approving European budget
What type of vote is required on amending treaties and decisions on new members joining EU?
Unanimity
When is a qualified vote required?
To approve nominees for members of the European commissions
What are simple Majority votes used for?!
For less important votes
What is European Parliament?
Law making body with legislative functions
What is proportional representation?
Type of voting that allocated seats to parties to the size of their populations
What are the powers of the European Parliament?
Can propose changes to treaties
Amend or reject secondary legislation
Approve the budget
Approve president of the European commissions and can also dismiss them
What kind of function does the Court of justice of the European Commission have?
Judicial functions
What is the role of the Court of Justice of the European Union?
The give courts impartial advice
What is the difference in cases from the general court and the civil service tribunal?
General court heard straight forward cases
Civil service tribunals heat disputes between formal employees of the EU and EU institutions
Name 5 common cases dealt with by EU justice court
Preliminary ruling procedure
Proceedings for failure to fulfil obligations
Actions for annulment
Actions for failure to act
Direct action
Under what treaty can a national court raise a preliminary ruling procedure for misrepresentation of EU law?
Art 267 treaty on functioning of the European Union
What type of case can the EU commission and it’s members raise to Courts if Justice for failing to fulfil obligations got EU law?
Proceedings for failure to fulfil obligations
What is actions for annulment?
If the law is illegal or it directly effects individuals then individuals / MEPs / commissioners and parliament for EU can apply for it to be voided it nulled
If EU parliament and EU council aren’t making decisions what can be done?
A complaint can be raised to court of justice for actions for failure to act
What is direct action?
Any company that has suffered damage due to action if the EU and it’s staff can bring action seeking compensation
What is the primary legislation Art 288
A treaty
Name two institutions that create secondary legislation?
Directives and regulations
What is the definition of a treaty?
Formal agreement between two or more national states
What is an example treaty that was agreed outside of the EU?
North Atlantic treaty of defence NATO
What treaty sets out the roles, policies and operations of the EU?
Treaty on the functioning of the EU
What does P 2 of the Treaty of the functioning of the EU refer to?
Mom discrimination and citizenship of the EU
What does part 3 of the treaty in the functioning of the EU refer to?
Unions policies and international action
What do policies include within P3 of the treaty on the Functioning of the EU?
(CAP) common agricultural Policy
Free movement of people
What does P 5 of Treaty on the Functioning of EU include?
Unions of external action
Foreign policy to Non EU states
What is the Treaty on the European Union?
Sets out democratic principles underlying the European Union
What does title 3 of 6 within Treaty on the EU refer to?
Provisions on the institutions - it deals with the strict ion if the EU institutions
What is the objective of directives within EU?
To harmonise all member states with the same law
Set out general terms only within EU law
Who are directives aimed at within EU law?
Member states who law is not compliant with EU law.
Member states can amend their laws but must do so within a set time frame. If they do not they may be fined.
Name two acts implemented under DIRECTIVE 2008/50/EC AMBIENT AIT QUALITY AND CLEANER AIR FOR EUROPE
Uk implemented - Air quality standards regulations 2010
Ireland implements- AIT quality standards regulations 2011
What are the 2 rules of regulations under the EU?
Directly apply to all member states and their population.
No legislations is needed to pass the laws
What regulation established Youth employment initiative and European Social fund?
Regulations EU No. 1304/2013
What are decisions made within the EU?
Where an EU institution had followed an administrative procedure against person or a company and its decision is binding.
What are recommendations within EU?
Non- binding guidance from EU institution to a person or MEP
What are opinions within the EU?
Conclusions about conduct which are non binding
When are recommendations and opinions used?
Within caselaw by the court of justice
What case evidences when EU conflicted with National Law? What was the outcome?
COSTA v ENEL 1964- Italian Law conflicted with EU law. EU Law ruling was upheld under the terms and conditions of EU law
What policy is controversial under EU law?
Common fisheries policy
Describe the conflict of the Common Fishies policy
EU declared that fisheries would be given equal quarters of fishing to prevent over fishing
Spanish fisheries registered companies in UK to get part of EU fishing quarters
UK brought in a law to prevent this “merchant shipping act 1988’. States Uk finishing companies must be registered in UK, have 75% UK share holders
Law was challenged in courts under judicial review ‘Secretary of state for transport ex party facotame Alf’s and others 1991
House of Lords countered with Preliminary ruling of Art 267 TFEU
EU gave ruling that the EU law overrule UK law and Spanish quarters can stay
What are the horizontal effects?
EU law becomes automatic UK law
EU law binds all UK citizens
Individuals can directly enforce EU law on another UK citizen.
What are vertical effects?
If UK law fails to implement EU law within time limits then EU becomes into effect automatically
Law is binding on the states - defendant cannot defend a directive if they do not implement in time
Individuals can enforce against the state but not on individuals
What case did the Supreme Court hold that an act must be passed for the UK to trigger brexit?
Secretary of State for exiting the EU (millers) 2017
Which act was implements by the UK to trigger Art 50 TEU
European Union notification to withdraw act 2017
What Bill is designed to stop EU law being superior to UK law?
European Union withdrawal bill
