EU legislation

Question 1

The European commission

Answer 1

represents the interest of the EU as a whole.
Proposed new legislation to the European Parliament and the Council of the council of the European union
Ensures that EU law is correctly applied within members countries

Question 2

EU commission proposing new laws

Answer 2

Uses its ‘right of initiative’ for the protection of the citizens and interests of EU.
Will only put forward proposals on issues that cannot be dealt with at national, regional or local levels.
Legislative proposals are drafted by commission and if approved by min of 14 of 27 commissioners are sent to the council and the parliament.
Each commissioner is responsible for one or more specific areas of policy.

Question 3

Enforcement of European LAW by commission

Answer 3

Guardian of the Treaties.
Takes action including:
- issuing penalties against EU member state that is in breach of obligations under the Treaties or for failure to implement EU law.

Question 4

Commission and other roles

Answer 4

manages EU budget
allocates funding
representing EU on world stage
Negotiating agreements between EU and other countries

Question 5

The council of the European Union

Answer 5

Represents the governments of the individual EU countries.
It is one of the main law-making bodies of the EU along with EU parliament

Question 6

Roles of the Council of European Union

Answer 6

-Shares responsibility with European Parliament for passing EU laws proposed by the commission.
-Coordinates the broad economic policies of Eu countries
-Develops EU’s foreign and defence policies
-Coordinates Cooperation between the courts and police forces to ensure equal access to justice
-Council can enter into international agreements on behalf of EU on a range of diverse matters (environment, trade, tech, transport

Question 7

What is the Council of EU made up of

Answer 7

-Politicians who are ministers in their respective national governments.
-Each minister has authority to make decisions on behalf of its countries government regarding policy or decisions.
-membership fluctuates according to subject matter under debate

Question 8

Voting method in the council of EU

Answer 8

majority voting generally
UNLESS where the Treaties require a different procedure (unanimous vote)

Question 9

European Parliament

Answer 9

Represents the people of the EU. One of the main law making institutes along CoEU

Question 10

who makes up members of the European Parliament?

Answer 10

Members are directly elected, with elections held every 5 years.
Number of members is in proportion to population of each EU state

Question 11

European Parliament and EU law

Answer 11

Ordinary legislative procedure set out by the Lisbon Treaty.
- commission sends its proposal to Parliament and the Council
-they consider it and discus on two occasions
- after 2 reading, if they cannot agree, the proposal is brought before a conciliation committee made up of an equal number of council and parliament representatives
- representatives also attend meetings of the conciliation committee to contribute to discussion
- one agreement is reach, agreed text is sent to parliament and council for third reading
- even if Conciliation Committee are in agreement Parliament can still reject the proposed law by majority.

Question 12

Additional roles of EU parliament

Answer 12

• debates and adopts EU budget with council
  -exercises democratic supervision of other EU institutions
• Consider petitions from citizens and set up inquiry committees.

Question 13

Court of Justice of the European Union (CJEU)

Answer 13

Upholds the rule of EU law by ensuring consistency of application between EU countries, settling disputes between EU governments and institutions and hearing cases that are brought before it

Question 14

Who does the CJEU comprise of

Answer 14

Sits in Luxemburg
One judge from each EU member state
Judges sit in chambers of 3 or 5
assisted by 11 advocates general - role is to submit reasoned, public and impartial opinions to the court on cases brought to it.
Judges and advocates sot for 6 year terms

Question 15

Preliminary rulings CJEU

Answer 15

Preliminary rulings: where national courts need clarification n how a piece of EU legislation should be interpreted. Supreme court can ask CJEU for their opinion on how best to apply law in certain case. Made under ARTICLE 267 TFEU.
Failure to fulfil EU obligation: court can hear where EU members states have failed to fulfil its o

Question 16

Failure to fulfil EU obligations CJEU

Answer 16

Where EU member state fails to fulfil its obligations under EU the CJEU will hear.
Prior to the commission will conduct an investigation into the actions of the EU member state. This gives the state the opportunity to reply to the complaints made against them.
where this initial investigation does not result in a remedy of the failure action for breach of EU law may be brought before CJEU.
If CJEU finds a breach by member state it is to be rectified immediately if they do not imposition of a financial penalty will given.

Question 17

Actions for annulment CJEU

Answer 17

CJEU may also hear applications seeking the annulment of regulation, directive or decision. (parties request CJEU to review legality of EU acts) - action can be brought by:
member states, EU parliament, Council of EU or EU commission,

Question 18

Actions for failure to act CJEU

Answer 18

Review legality of a failure to act on the part of an EU institution. (council, committee, parliament)

Question 19

Direct Actions CJEU

Answer 19

Any legal person can bring an action directly before the CJEU if they have suffered loss or damage as a result of the acts or omissions of EUs institutions or staff

Question 20

Appeals from General Court CJEU

Answer 20

Appeals on points of law only may be brought before the CJEU against judgements given by General Court

Question 21

the general court

Answer 21

Has jurisdiction at first instance over all direct actions brought by individuals and EU countries, with the exception of those to be assigned to a ‘judicial panel’ and those reserved for the CJEU. Formally known as the court of first instance until DEC 1st 2010

Question 22

What does the General court comprise of

Answer 22

2 judges from each EU member state
Does NOT have advocates general (unlike to CJEU)
Judges sit in chambers of 3 or 5 rarely alone. In rare or complex cases may sit as a Grand Chamber of 13.

Question 23

What cases does the general court deal with

Answer 23

• direct actions against the institutions, bodies, offices or agencies of EU
• Actions brought by the Member states against the commission
• Actions brought by the Member states against the Council relating to acts adopted in the field of state aid
• actions seeking compensation for damage caused by institutions of EU or their staff
• Actions based on contracts may by EU that give jurisdiction to General coourt
• actions relating to community trade marks
• appeals against the decisions of EU civil service tribunal (limited to points of law)

Question 24

The European Council

Answer 24

Composed of the Heads of State or Government of the EU countries together with its president and the president of the commission. It defines general political directions and priorities of the Union. NO LAW MAKING FUNCTION

Question 25

what are the three sources of EU law

Answer 25

• Primary
• Secondary
• Supplementary Law

Question 26

Primary sources of EU LAW

Answer 26

Founding Treaties:
- Treaty on European Union
-Treaty on the functioning of the EU.
Provide a framework of competencies between EU and its members.
Sets out powers of EU institutes
other primary sources:
- amending EU treaties
- annexed protocols
- accession Treaties for new EU countries

Question 27

Secondary Sources of EU law

Answer 27

Supplement primary sources by providing more detailed treatment of specific areas of law
establish how the principles and objectives of primary law are to be achieved
- unilateral acts
- conventions
- agreements

Question 28

Supplementary law

Answer 28

Case law of CJEU relevant international law, custom and usage and general unwritten principles of law and justice.

Question 29

Give an example of Primary source of EU law

Answer 29

Treaty of Lisbon 2009

Question 30

Give an example of secondary sources of EU law

Answer 30

Regulations
Decisions issues by the Commission

Question 31

Give an example of supplementary law

Answer 31

Case law of CJEU
Unwritten principles of law and justice