EU Law P3 Flashcards
How many institutions of the European Union are there
4
what are the 4 institutions of the European Union
Council of EU
The commission
European Parliament
European Court of Justice
What is the Council of the EU
Principle decision making body of the EU union
How does the Council of the EU work
Each member sends a representative - usually Foreign Minister or Head of State
Voting rights in proportion to the size of the population of the member
Voting by majority, two conditions met:
55% of member vote in favour
Supported by members of state representing at least 65% of total EU pop
What is The commission
Independent guard of treaties that set objectives and priorities for action, propose legislation to Parliament, manage and implement EU law and budget
What happens in the European Parliament
Discuss proposals put forward by the commission
Lisbon Treaty - members of European Parliament have law making powers - vote on majority of EU laws
Elected directly by the people of the members of state and stand for 5 years
Work in political groups with similar political viewpoints
Can approve, reject or propose amendments of law from The Commission
What do the European Court of Justice do
Ensures interpretation and application of treaties are done correctly in all states
- Article 19 of TEU
What is involved in the European Court of Justice
Luxembourg and has 27 judges
Hear cases to decide if member has failed to fulfil treaty obligation
Hearing references from national courts for preliminary rulings on points of EU law
What are treaties
Formal, legally binding written agreements concluded by sovereign states
What did the European Communities Act 1972 do
Makes all treaties signed by gov became English law automatically
- do not need domestic legislation and anyone could enforce their rights in UK and courts rely on the relevant treaties
(Macarthys Ltd v Smith)
What are regulations
Binding in every respect and directly applicable in each Member state
(Re Tachographs: Commission v UK)
What are directives
Legally binding upon Member states but they do not require the states to pass their own laws to bring them into effect - members can choose how they will give effect to EU directives
They cover many areas such as Health and Safety of workers
Member of public can still rely on directives even if the state fails to implement it
What is ‘direct effect’ of directives
Only applies when going against the state
What is ‘vertical effect’ of directives
Only applies when going against a public body
What is ‘horizontal effect’ of directives
Used to show they it cannot be applied against individuals
What are the impacts of EU law
It undermines the sovereignty of Parliament
They become binding in the UK without discussion
Some EU laws take precedence
What did the EU Convention of Human Rights mean for Domestic Acts
They must be changed to be compatible with human rights legislation - even once left
