EU Law REST IN CASES, I FUCKED UP SORRY

Question 1

When did the UK join the EU

Answer 1

January 1 1973, passing Eu communities act on joining. Denmark and Ireland joined at the same time

Question 2

What treaty was signed in 1957

Answer 2

The treaty of Rome, set up by Belgium France Germany Italy Luxembourg and the Netherlands

Question 3

When was the name ‘European union’ introduced and by what treaty

Answer 3

1993 by treaty of European Union

Question 4

What treaty was signed in 2009

Answer 4

Treaty of Lisbon

Question 5

What are the two treaties setting out EU rules

Answer 5

Treaty of European Union

Treaty of the functioning of the European Union

Question 6

What does the council of ministers refer to

Answer 6

Consists of ministers from each mem state, responsible for broad policy decisions

Principle law making body, needs 55% of member states to vote in faker to pass something. And states that represent at least 65% of total EU population have to support it

Question 7

What is the commission and what’s it responsible for

Answer 7

28 commissioners who act in commissions interest
Proposes legislation
Ensures treaties are implemented in each mem state

Appointed for five year terms and can only be removed by vote of censure by EU P.

Question 8

What’s the EU P and what does it do

Answer 8

Memebers elected by citizens in each state
Can co legislate on equal footing with council in most areas. 751 MEPS but depends on populations size. Form political groups not national ones
Decides on international agreements
Decided whether to admit new member states
Reviews commissions work programme and asks it to propose legislation

Question 9

What is the Eu CoJ and what does it do

Answer 9

Function set out in article 19 of TEU. Must ensure ‘treaty of law is observed’. 11 judges sit in a full court but sometimes in 5 or 3. Appointed judges under article 253 TFEU are leading academic layers or who are eligible to appointment to top posts in their own country. 6 year term. Decided if member states have failed in obligations and rules on points of law when cases are referred to it under 267 TFEU.

Question 10

Functions of EU CoJ

Answer 10

Ensure law applied uniformly in each member state by:
Deciding whether member states have failed to fulfil obligations under treaties (tacographs case)

Hears references from national courts for preliminary rulings on points of Eu law

Question 11

How does the COJ operate which is different from UK courts

Answer 11

1. ) emphasis on presenting ‘on paper’
2. ) Use of Advocate general
3. ) Judges deliberation secret but all judges sign verdict
4. ) COJ not bound
5. ) Can study lots of extrinsic aids

Question 12

Treaties

Answer 12

• Primary source of law
• automatically part of our Law (EU Com Act 1972, s2(1)), ‘treaties are w/0 further enactment to be given legal effect ‘
• UK citizens can rely on it (Macarthys LTD v Smith 1980)
• UK can directly apply them without waiting for COJ ruling (Diocese of Hallam Trustee v Connaughton 1996)

Question 13

Regulations

Answer 13

• Under article 288 TFEU, EU can issue binding regulations which don’t have to be adopted in any way as automatic
• point tested in Tacographs (1979)

Question 14

Directives

Answer 14

• Brings same laws through mem states
• Usually done by S.I (I.e restriction of use of certain hazardous substances in electrcal/electronic equip reg 2012)
• Some by P (Consumer Protection Act 1987)

Question 15

Direct effect

Answer 15

Directive not implemented in time? If its to grant rights you may be able to rely on it

Question 16

Vertical D.E

Answer 16

Individual can claim if it’s against an arm of the state (Marshall v Health Authorities 1986)

Question 17

Horizontal DE

Answer 17

Cant claim if not against arm of state BUT may be able to claim damages (Francovich v Italian Repub 1991)

Question 18

Impact of EU

Answer 18

• Takes precedence over national law (Van Gend en Loos 1963)
• Sovreign rights to EU
• Mem state can withdraw if not happy