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Introduction To Law And Practice > EU Law and The Impact Of EU Law > Flashcards

EU Law and The Impact Of EU Law Flashcards

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1
Q

Name 3 key institutions within EU Law

A

Treaties
Directives
Regulations

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2
Q

What does Art 50 treaty on European Union (TEU) set out?

A

Sets out the rules of governing departure of EU state

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3
Q

When did UK vote to leave EU

A

2016

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4
Q

When did the EU change from EEC?

A

1992

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5
Q

When did the UK join the EU

A

1973

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6
Q

When was the EEC founded?

A

1957

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7
Q

What was the founding members existing law referred to?

A

Civil law legal system

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8
Q

Name 3 types of voting within EU law

A

Unanimity

Simple majority

Qualified majority

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9
Q

What is the difference between simple majority and qualified majority

A

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

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10
Q

Who is the European council (executive body) governed by and who are its members?

A

Donald Tusk is the president

Members are;
Heads of state 
High representatives 
Foreign affairs 
Security
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11
Q

How many years is the European council president in office for?

A

2 and a half years

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12
Q

What is the role of the European council?

A

To define general political direction and priorities of the EU

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13
Q

What is the objectives of the EU commision?

A

Guard treaties

Propose new laws and policies

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14
Q

Who is the president of the European Commission?

A

Jean-Claude Juncker

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15
Q

Who is the UK commissioner for the European Commission? What is their portfolio?

A

Julian King - fight crime and terrorism

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16
Q

Who is the foreign affairs diplomat for the European Commission?

A

Federico Mogherni

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17
Q

What are departments within the European commissions also known as?

A

Directorates Generals

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18
Q

Define principle of collective responsibility

A

Where each commissioner had a say on decisions and is equally responsible

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19
Q

Who is responsible for passing laws and legislations within European Union?

A

European Council and European Parliament

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20
Q

What is an executive responsible for within European Union

A

Coordinating the authorities

Proposing judicial policies to make international agreements

In charge of approving European budget

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21
Q

What type of vote is required on amending treaties and decisions on new members joining EU?

A

Unanimity

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22
Q

When is a qualified vote required?

A

To approve nominees for members of the European commissions

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23
Q

What are simple Majority votes used for?!

A

For less important votes

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24
Q

What is European Parliament?

A

Law making body with legislative functions

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25
Q

What is proportional representation?

A

Type of voting that allocated seats to parties to the size of their populations

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26
Q

What are the powers of the European Parliament?

A

Can propose changes to treaties

Amend or reject secondary legislation

Approve the budget

Approve president of the European commissions and can also dismiss them

27
Q

What kind of function does the Court of justice of the European Commission have?

A

Judicial functions

28
Q

What is the role of the Court of Justice of the European Union?

A

The give courts impartial advice

29
Q

What is the difference in cases from the general court and the civil service tribunal?

A

General court heard straight forward cases

Civil service tribunals heat disputes between formal employees of the EU and EU institutions

30
Q

Name 5 common cases dealt with by EU justice court

A

Preliminary ruling procedure

Proceedings for failure to fulfil obligations

Actions for annulment

Actions for failure to act

Direct action

31
Q

Under what treaty can a national court raise a preliminary ruling procedure for misrepresentation of EU law?

A

Art 267 treaty on functioning of the European Union

32
Q

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?

A

Proceedings for failure to fulfil obligations

33
Q

What is actions for annulment?

A

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

34
Q

If EU parliament and EU council aren’t making decisions what can be done?

A

A complaint can be raised to court of justice for actions for failure to act

35
Q

What is direct action?

A

Any company that has suffered damage due to action if the EU and it’s staff can bring action seeking compensation

36
Q

What is the primary legislation Art 288

A

A treaty

37
Q

Name two institutions that create secondary legislation?

A

Directives and regulations

38
Q

What is the definition of a treaty?

A

Formal agreement between two or more national states

39
Q

What is an example treaty that was agreed outside of the EU?

A

North Atlantic treaty of defence NATO

40
Q

What treaty sets out the roles, policies and operations of the EU?

A

Treaty on the functioning of the EU

41
Q

What does P 2 of the Treaty of the functioning of the EU refer to?

A

Mom discrimination and citizenship of the EU

42
Q

What does part 3 of the treaty in the functioning of the EU refer to?

A

Unions policies and international action

43
Q

What do policies include within P3 of the treaty on the Functioning of the EU?

A

(CAP) common agricultural Policy

Free movement of people

44
Q

What does P 5 of Treaty on the Functioning of EU include?

A

Unions of external action

Foreign policy to Non EU states

45
Q

What is the Treaty on the European Union?

A

Sets out democratic principles underlying the European Union

46
Q

What does title 3 of 6 within Treaty on the EU refer to?

A

Provisions on the institutions - it deals with the strict ion if the EU institutions

47
Q

What is the objective of directives within EU?

A

To harmonise all member states with the same law

Set out general terms only within EU law

48
Q

Who are directives aimed at within EU law?

A

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.

49
Q

Name two acts implemented under DIRECTIVE 2008/50/EC AMBIENT AIT QUALITY AND CLEANER AIR FOR EUROPE

A

Uk implemented - Air quality standards regulations 2010

Ireland implements- AIT quality standards regulations 2011

50
Q

What are the 2 rules of regulations under the EU?

A

Directly apply to all member states and their population.

No legislations is needed to pass the laws

51
Q

What regulation established Youth employment initiative and European Social fund?

A

Regulations EU No. 1304/2013

52
Q

What are decisions made within the EU?

A

Where an EU institution had followed an administrative procedure against person or a company and its decision is binding.

53
Q

What are recommendations within EU?

A

Non- binding guidance from EU institution to a person or MEP

54
Q

What are opinions within the EU?

A

Conclusions about conduct which are non binding

55
Q

When are recommendations and opinions used?

A

Within caselaw by the court of justice

56
Q

What case evidences when EU conflicted with National Law? What was the outcome?

A

COSTA v ENEL 1964- Italian Law conflicted with EU law. EU Law ruling was upheld under the terms and conditions of EU law

57
Q

What policy is controversial under EU law?

A

Common fisheries policy

58
Q

Describe the conflict of the Common Fishies policy

A

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

59
Q

What are the horizontal effects?

A

EU law becomes automatic UK law

EU law binds all UK citizens

Individuals can directly enforce EU law on another UK citizen.

60
Q

What are vertical effects?

A

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

61
Q

What case did the Supreme Court hold that an act must be passed for the UK to trigger brexit?

A

Secretary of State for exiting the EU (millers) 2017

62
Q

Which act was implements by the UK to trigger Art 50 TEU

A

European Union notification to withdraw act 2017

63
Q

What Bill is designed to stop EU law being superior to UK law?

A

European Union withdrawal bill

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