European law Flashcards
European Communities Act 1972 S.3
UK courts are bound by the rulings of EU law made by the CJEU
UK courts are bound by the rulings of EU law made by the European Court of Justice (CJEU)
European Communities Act 1972 S.3
CJEU
European Court of Justice
European Union Act 2020
UK courts ‘need not but where appropriate have regard to’ any rulings made by CJEU after withdrawal
UK courts ‘need not but where appropriate have regard to’ any rulings made by CJEU after withdrawal
European Union Act 2020
Practice Direction 3 and 4 of 2009 allows the Supreme Court to what?
overrule its own decision made in line with the CJEU
What allows the Supreme Court to overrule its own decision made in line with the CJEU?
Practice Direction 3 and 4 of 2009
Between 1973-2020, what took precedence over Acts of Parliament and common law decisions?
All EU treaties and regulations
Between 1973-2020, all EU treaties and regulations took precedence over what?
Acts of Parliament and common law decisions made by UK courts
Between what years did all EU law take precedence over UK law?
1973-2020
Members states transfer what to the EU?
Sovereign rights
Van Gend En Loos 1963
As long as EU treaty is clear, precise and unconditional it can be used and will take precedent
As long as EU treaty is clear, precise and unconditional it can be used and will take precedent
Van Gend En Loos 1963
Factortame 1990
CJEU decided that the Merchant Shipping Act 1988 could not be enforced because it violated the Treaty of Rome
CJEU decided that the Merchant Shipping Act 1988 could not be enforced because it violated the Treaty of Rome
Factortame 1990
What Act could not be enforced because it violated the Treaty of Rome?
Merchant Shipping Act 1988
The Merchant Shipping Act 1998 could not be enforced because it violated what treaty?
The Treaty of Rome
Example of a regulation
Unfair Terms in Consumer Contracts Regulations 1994
Regulations are binding in the same way as what?
Treaties
Treaties are binding in the same way as what?
Regulations
Who issues regulations?
The European Council
Case in which EU regulations took precedent in the UK
Tachographs case 1979
Tachographs case 1979
A case in which EU regulations took precedent in the UK
What is a directive?
A legislative act that sets out a goal that all EU countries must achieve within a certain time frame
Directives can be implemented by what?
- Acts of Parliament
- Delegated legislation
Treaties have ________ ____ and are ______ __________ under the European Communities Act 1972 S.2(1)
- immediate effect
- directly applicable
Treaties have immediate effect and are directly applicable under what Act?
European Communities Act 1972 S.2(1)
European Communities Act 1972 S.2(1)
Treaties have immediate effect and are directly applicable
Examples of treaties
- Treaty of Rome 1957
- Treaty of Lisbon 2007
Other name for the Treaty of Rome 1957
The Treaty of the Functioning of the European Union (TFEU)
Other name for The Treaty of the Functioning of the European Union (TFEU)
The Treaty of Rome 1957
Other name for The Treaty of the European Union (TEU)
Treaty of Lisbon 2007
Other name for Treaty of Lisbon 2007
The Treaty of the European Union (TEU)
What does the CJEU do?
Gives opinion on matters of European law
Gives opinion on matters of European law
CJEU
What type of precedent is the CJEU after 2020?
persuasive
ECtHr
European Court of Human Rights
Interpretation bodies in the EU
- ECtHr
- CJEU
Law making bodies in the EU
- The European Commission
- The European Council
- The European Parliament
- The European Commission
- The European Council
- The European Parliament
Law making bodies in the EU
- ECtHr
- CJEU
Interpretation bodies in the EU
The European Commission commissioners
- 1 from each member state
- serve a 5 year term
- head a department with responsibility for one area of union policy
Commissioners in the European Commission serve a term of how many years?
5
Example of areas of EU policy
- economy
- agriculture
- environment
- makes suggestions for new legislation
- refers the country that has not implemented a directive to the CJEU
- Implements and supervises the spending of the Union’s budget
The European Commission
What does the European Commission do?
- makes suggestions for new legislation
- refers the country that has not implemented a directive to the CJEU
- Implements and supervises the spending of the Union’s budget
What does the European Council do?
Works with the European Parliament to negotiate, amend and adopt laws
Works with the European Parliament to negotiate, amend and adopt laws
The European Council
What is the principle law-making and decision-making body in the EU?
The European Council
What does each member state do in the European Council?
Send a representative to the Council, where they commit their governments to the laws agreed upon
Who can be the representative of a member state in the European Council?
- their Foreign Minister
- a minister responsible for the subject under consideration
What happens twice a year in the European Council?
Heads of government meet in the council to discuss broader matters of policy
Who assists with the work of the European Council?
A committee of permanent representatives
A committee of permanent representatives assists with the work of what body?
The European Council
President of the Council
- member states take turns to provide the President
- serves a 6 month term
- member states take turns to provide them
- serves a 6 month term
President of the Council
MEPs meaning
Members of European Parliament
How often are MEPs elected?
every 5 years
The number of MEPs from each country depend on what?
population size
Who are MEPs elected by?
The member state who they represent
What groups do MEPs form?
Political rather than national groups
The European Parliament meet once a month to what?
- discuss proposals made by the European Commission
- decide whether to admit new member states
How often do heads of government meet in the European Council to discuss broader matters of policy?
Twice a year
Proposals made by the European Commission are requested by who?
The European Parliament
How often do The European Parliament meet?
Once a month
