EU legislation Flashcards
The European commission
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
EU commission proposing new laws
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.
Enforcement of European LAW by commission
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.
Commission and other roles
manages EU budget
allocates funding
representing EU on world stage
Negotiating agreements between EU and other countries
The council of the European Union
Represents the governments of the individual EU countries.
It is one of the main law-making bodies of the EU along with EU parliament
Roles of the Council of European Union
-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
What is the Council of EU made up of
-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
Voting method in the council of EU
majority voting generally
UNLESS where the Treaties require a different procedure (unanimous vote)
European Parliament
Represents the people of the EU. One of the main law making institutes along CoEU
who makes up members of the European Parliament?
Members are directly elected, with elections held every 5 years.
Number of members is in proportion to population of each EU state
European Parliament and EU law
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.
Additional roles of EU parliament
- debates and adopts EU budget with council
-exercises democratic supervision of other EU institutions - Consider petitions from citizens and set up inquiry committees.
Court of Justice of the European Union (CJEU)
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
Who does the CJEU comprise of
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
Preliminary rulings CJEU
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
Failure to fulfil EU obligations CJEU
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.
Actions for annulment CJEU
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,
Actions for failure to act CJEU
Review legality of a failure to act on the part of an EU institution. (council, committee, parliament)
Direct Actions CJEU
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
Appeals from General Court CJEU
Appeals on points of law only may be brought before the CJEU against judgements given by General Court
the general court
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
What does the General court comprise of
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.
What cases does the general court deal with
- 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)
The European Council
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
what are the three sources of EU law
- Primary
- Secondary
- Supplementary Law
Primary sources of EU LAW
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
Secondary Sources of EU law
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
Supplementary law
Case law of CJEU relevant international law, custom and usage and general unwritten principles of law and justice.
Give an example of Primary source of EU law
Treaty of Lisbon 2009
Give an example of secondary sources of EU law
Regulations
Decisions issues by the Commission
Give an example of supplementary law
Case law of CJEU
Unwritten principles of law and justice
