EU Law ILS

Question 0

What is the EU composed of?

Answer 0

Council of the EU, European Commission, European Parliament, Court of Justice of EU

Question 1

How many member states are there in the EU?

Answer 1

28

Question 2

What is is the composition of the Council of Europe?

Answer 2

Court of HR and ECHR

Question 3

What does the Council of Europe do?

Answer 3

Gathers to decide the political agenda of the EU. It is the political core of the EU

Question 4

What is the European Central Bank?

Answer 4

It is independent from the EU. It operates with member states who use the euro. It creates interest rates for euro countries. It is a lender of last resort.

Question 5

Who elects the Secretary-General and Commissioner for HR?

Answer 5

The Parliamentary Assembly

Question 6

What is the Secretary-General’s primary function?

Answer 6

Monitoring states’ compliance with the ECHR

Question 7

What is the primary function of the Commissioner for HR?

Answer 7

Promoting observance of the ECHR

Question 8

Which articles of the ECHR has the UK agreed to secure?

Answer 8

Articles 1,2,3 in the first protocol and article 1 in the sixth and thirteenth protocols (which overlap)

Question 9

Is the ECHR enforced in UK law?

Answer 9

No, all signatory states agreed to secure everyone within its jurisdiction the rights and freedoms secured in the ECHR. However because this is international law it is not enforceable in the UK - it merely allows states to refer to cases the ECtHR

Question 10

What effect does EU law have on Scots Law

Answer 10

It has a direct affect and overrules scots law

Question 11

What does the European Commission do?

Answer 11

Sits in Brussels and exists to further the interests of the EU. It initiates and implements EU policy (including legislation) but can legislate under powers delegated to them by the Council of the Union. This power is only to allow laws to be updated when necessary and all legislation is scrutinised by council of union and parliament. It can propose laws through the European citizens initiative

Question 12

What does the Council of the EU do?

Answer 12

Exists to represent member states and co-ordinate their views. It is responsible for giving final approval on all EU legislation

Question 13

What does the European Parliament do?

Answer 13

It works together with the Council of the Union to pass legislation in a co-decision capacity.

Question 14

What does the European council do?

Answer 14

It sets the overall EU policy but is not responsible for adopting legislation

Question 15

Court of Justice of EU what does it do?

Answer 15

Exists to ensure that EU law is correctly interpreted and is observed

Question 16

What is the principle way in which the EU legislates?

Answer 16

Regulations

Question 17

What is the EU’s primary legislation?

Answer 17

Treaties

Question 18

How are regulations imposed on member states of the EU?

Answer 18

They are binding and directly applicable to all member states, thus having a direct effect

Question 19

What were directives originally intended for?

Answer 19

To be policy statement delivered by former community institutions to a particular member state government(s) however they now leave little discretion in their drafting and are not really distinguished between regulations

Question 20

How are directives distinguished from regulations

Answer 20

Directives take effect from the date of notification to member states, but a period for implementation is allowed. Regulations come into effect on the twentieth day following publication. Directives end with a different formula to regulations: ‘this directive is addressed to member states’ rather than place and date of its making and the name of the commissioner responsible

Question 21

How do decisions differ from directives and regulations?

Answer 21

Decisions are individualised executive decisions addressed by EU institutions to member states. They usually end with ‘the decision is addressed to’ thus being similar to directives

Question 22

What happens if the European Parliament and Council of the EU do not agree on a proposal of legislation?

Answer 22

It is brought before a conciliation committee made up of an equal number of representatives of the two councils. Representatives of the European Commission also attend the meetings and contribute to the discussions

Question 23

What is ordinary legislative procedure?

Answer 23

It is the main legislative procedure of the EU. It puts European Parliament and the council of the EU on equal footing for decision-making on wide range of areas including economic governance, immigration, energy, transport, environment and consumer protection.

Question 24

What is cooperation procedure?

Answer 24

It allows for member states to establish closer cooperation with one another in areas covered by treaties. It involves the European Commission assessing proposals and taking them to the council of the EU. The commission can choose not to present a proposal but needs to explain to the member states why. The european’s parliament must consent to any proposals approved.

Question 25

What is consultation procedure?

Answer 25

The council of the European Union has to ask the European Parliament for its opinion on proposed legislation before it can be adopted. The EP’s opinion does not bind the council of EU but the council cannot act without taking this step. Used in competition law and internal market exemptions.

Question 26

What is the consent procedure?

Answer 26

That the Council of the EU must request the European Parliament’s consent for certain non legislative agreements and also legislative proposals regarding combating discrimination. F the EP rejects a proposal the council cannot act.

Question 27

What is the role of the court of justice of the EU?

Answer 27

To hear an enforcement action brought by the European commission against a Member State appearing not to be fulfilling its EU obligations. It may also hear from national courts or tribunals to ensure that they are in keeping with EU law

Question 28

What is the principle of primacy?

Answer 28

That EU law is intended to supersede national law where the two conflict

Question 29

What is meant by direct effect?

Answer 29

It means that any individual may bring and defend cases in court on the basis of EU legislation, and that EU legislation would have ‘direct effect’ on a matter of law which contradicts with EU law.

Question 30

What is a vertical direct effect?

Answer 30

If EU law an obligation with direct effect upon a member state but the obligation is not fulfilled, a person or company which suffers as a result can sue the member state

Question 31

What is a horizontal direct effect?

Answer 31

If EU law places an obligation with direct effect on a person or company, but the obligation is not fulfilled, another person or company who suffers as a result can sue the first one.

Question 32

Which European legislative procedures are considered to have direct effect?

Answer 32

Treaties, regulations, directives and decisions provided that they meet the conditions of being directly effective but are only vertically effective

Question 33

What are the conditions of direct effect principal?

Answer 33

The legislation must be clearly and specifically enough drafted for a court to be able to apply it; it must create an unqualified right or duty; and not require action by some other body

Question 34

What is the principle of proportionality?

Answer 34

The involvement of the institutions must be limited to what is necessary to achieve the objectives of the Treaties. In other words, the content and form of the action must be in keeping with the aim pursued.

Question 34

What is the subsidiary principle?

Answer 34

In particular, the principle determines when the EU is competent to legislate, and contributes to decisions being taken as closely as possible to the citizen.

Question 35

What is the principle of attributed competence?

Answer 35

It clarifies the competences of the member states and EU by separating competences into exclusive competences, shared competences and supporting competences.