European Law

Question 1

What is the role and function of the European Court of Justice?

Answer 1

To make sure that all member states fulfil their obligations under treaties, and ensures that the Law is uniform (the same) throughout the EU
To do this:

1) It hears cases to decide if member states have failed to fulfil obligations under the treaties – Re: Tachographs: The Commission v UK

2) It hears references from national courts for preliminary rulings on points of European law.

Question 2

What is the role and function of the Council of Ministers?

Answer 2

-The Government of each nation in the EU sends a representative to the Council, a minister based off debating topic.

-The Council is the main decision making body of the EU. Voting is weighted with each country having a number of votes roughly in proportion to the size of its population

-The Council allows ideas for legal change, proposed by the Commission, to be voted on.

Question 3

What is the role and function of the Commission?

Answer 3

• Its main role is to propose changes to the Law that the Council will then vote on. It also ensures that treaty provision and measures are adopted by the member states. It implements the EU’s budget.
• The Commission proposes changes to EU law that will impact on all member states, and ensures that member states put treaties into effect

Question 4

What is the role and function of the European Parliament?

Answer 4

• The main function of the EU Parliament is to discuss proposals put forward by the Commission. It does not have any direct law-making authority. Decisions made by the Parliament are not binding, but will influence the Council of Ministers.

-The EU Parliament has to agree to any international agreements the EU enters into, decides whether new members should be admitted to the union and decides whether to approve the EU budget or not

Question 5

Under European Union rules, what is a treaty?

Answer 5

• A treaty is a binding agreement between EU member countries, all treaties signed by our PM have to become part of English Law.
• i.e Macarthys Ltd v Smith – company in breach of Article 157 concerning equal pay for men and women.

Question 6

Under European Union rules, what are regulations?

Answer 6

-A regulation is a legal act of the European Union that becomes immediately enforceable as law in all member states simultaneously

• Under Article 288, the EU can issue Regulations which are binding and directly applicable in every member state

-the ECJ said Regulations were automatically Law in all member states. States could not pick and choose which ones they would implement, this makes Law the same across all member states.

Question 7

Under European Union rules, what are directives?

Answer 7

• A “directive” is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals
• Directives are the main way that member states have the same laws.

Question 8

Under European Union rules, what are decisions?

Answer 8

• Decisions can affect a member state or an individual person or company
• They are binding on whoever they are addressed to

Question 9

What is the impact of European Union law on the law of England and Wales?

Answer 9

EU law takes precedence over UK law

This was seen in Factortame (1990) when the ECJ decided that Britain could not enforce the Merchant Shipping Act 1988. This was said to conflict with the Treaty of Rome by protecting the rights of British fishermen