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Law-making > European law > Flashcards

European law Flashcards

1
Q

European Communities Act 1972 S.3

A

UK courts are bound by the rulings of EU law made by the CJEU

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2
Q

UK courts are bound by the rulings of EU law made by the European Court of Justice (CJEU)

A

European Communities Act 1972 S.3

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3
Q

CJEU

A

European Court of Justice

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4
Q

European Union Act 2020

A

UK courts ‘need not but where appropriate have regard to’ any rulings made by CJEU after withdrawal

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5
Q

UK courts ‘need not but where appropriate have regard to’ any rulings made by CJEU after withdrawal

A

European Union Act 2020

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6
Q

Practice Direction 3 and 4 of 2009 allows the Supreme Court to what?

A

overrule its own decision made in line with the CJEU

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7
Q

What allows the Supreme Court to overrule its own decision made in line with the CJEU?

A

Practice Direction 3 and 4 of 2009

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8
Q

Between 1973-2020, what took precedence over Acts of Parliament and common law decisions?

A

All EU treaties and regulations

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9
Q

Between 1973-2020, all EU treaties and regulations took precedence over what?

A

Acts of Parliament and common law decisions made by UK courts

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10
Q

Between what years did all EU law take precedence over UK law?

A

1973-2020

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11
Q

Members states transfer what to the EU?

A

Sovereign rights

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12
Q

Van Gend En Loos 1963

A

As long as EU treaty is clear, precise and unconditional it can be used and will take precedent

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13
Q

As long as EU treaty is clear, precise and unconditional it can be used and will take precedent

A

Van Gend En Loos 1963

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14
Q

Factortame 1990

A

CJEU decided that the Merchant Shipping Act 1988 could not be enforced because it violated the Treaty of Rome

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15
Q

CJEU decided that the Merchant Shipping Act 1988 could not be enforced because it violated the Treaty of Rome

A

Factortame 1990

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16
Q

What Act could not be enforced because it violated the Treaty of Rome?

A

Merchant Shipping Act 1988

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17
Q

The Merchant Shipping Act 1998 could not be enforced because it violated what treaty?

A

The Treaty of Rome

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18
Q

Example of a regulation

A

Unfair Terms in Consumer Contracts Regulations 1994

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19
Q

Regulations are binding in the same way as what?

A

Treaties

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20
Q

Treaties are binding in the same way as what?

A

Regulations

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21
Q

Who issues regulations?

A

The European Council

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22
Q

Case in which EU regulations took precedent in the UK

A

Tachographs case 1979

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23
Q

Tachographs case 1979

A

A case in which EU regulations took precedent in the UK

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24
Q

What is a directive?

A

A legislative act that sets out a goal that all EU countries must achieve within a certain time frame

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25
Q

Directives can be implemented by what?

A
  • Acts of Parliament
  • Delegated legislation
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26
Q

Treaties have ________ ____ and are ______ __________ under the European Communities Act 1972 S.2(1)

A
  • immediate effect
  • directly applicable
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27
Q

Treaties have immediate effect and are directly applicable under what Act?

A

European Communities Act 1972 S.2(1)

28
Q

European Communities Act 1972 S.2(1)

A

Treaties have immediate effect and are directly applicable

29
Q

Examples of treaties

A
  • Treaty of Rome 1957
  • Treaty of Lisbon 2007
30
Q

Other name for the Treaty of Rome 1957

A

The Treaty of the Functioning of the European Union (TFEU)

31
Q

Other name for The Treaty of the Functioning of the European Union (TFEU)

A

The Treaty of Rome 1957

32
Q

Other name for The Treaty of the European Union (TEU)

A

Treaty of Lisbon 2007

33
Q

Other name for Treaty of Lisbon 2007

A

The Treaty of the European Union (TEU)

34
Q

What does the CJEU do?

A

Gives opinion on matters of European law

35
Q

Gives opinion on matters of European law

A

CJEU

36
Q

What type of precedent is the CJEU after 2020?

A

persuasive

37
Q

ECtHr

A

European Court of Human Rights

38
Q

Interpretation bodies in the EU

A
  • ECtHr
  • CJEU
39
Q

Law making bodies in the EU

A
  • The European Commission
  • The European Council
  • The European Parliament
40
Q
  • The European Commission
  • The European Council
  • The European Parliament
A

Law making bodies in the EU

41
Q
  • ECtHr
  • CJEU
A

Interpretation bodies in the EU

42
Q

The European Commission commissioners

A
  • 1 from each member state
  • serve a 5 year term
  • head a department with responsibility for one area of union policy
43
Q

Commissioners in the European Commission serve a term of how many years?

A

5

44
Q

Example of areas of EU policy

A
  • economy
  • agriculture
  • environment
45
Q
  • 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
A

The European Commission

46
Q

What does the European Commission do?

A
  • 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
47
Q

What does the European Council do?

A

Works with the European Parliament to negotiate, amend and adopt laws

48
Q

Works with the European Parliament to negotiate, amend and adopt laws

A

The European Council

49
Q

What is the principle law-making and decision-making body in the EU?

A

The European Council

50
Q

What does each member state do in the European Council?

A

Send a representative to the Council, where they commit their governments to the laws agreed upon

51
Q

Who can be the representative of a member state in the European Council?

A
  • their Foreign Minister
  • a minister responsible for the subject under consideration
52
Q

What happens twice a year in the European Council?

A

Heads of government meet in the council to discuss broader matters of policy

53
Q

Who assists with the work of the European Council?

A

A committee of permanent representatives

54
Q

A committee of permanent representatives assists with the work of what body?

A

The European Council

55
Q

President of the Council

A
  • member states take turns to provide the President
  • serves a 6 month term
56
Q
  • member states take turns to provide them
  • serves a 6 month term
A

President of the Council

57
Q

MEPs meaning

A

Members of European Parliament

58
Q

How often are MEPs elected?

A

every 5 years

59
Q

The number of MEPs from each country depend on what?

A

population size

60
Q

Who are MEPs elected by?

A

The member state who they represent

61
Q

What groups do MEPs form?

A

Political rather than national groups

62
Q

The European Parliament meet once a month to what?

A
  • discuss proposals made by the European Commission
  • decide whether to admit new member states
63
Q

How often do heads of government meet in the European Council to discuss broader matters of policy?

A

Twice a year

64
Q

Proposals made by the European Commission are requested by who?

A

The European Parliament

65
Q

How often do The European Parliament meet?

A

Once a month

Law-making (10 decks)

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