European Union Flashcards
what are the institutions of the EU?
the EU is an integrated organisation. main institutions exercising the functions of the union are:
- the council of EU
- the European commission
- the European Parliament
- the Court of Justice of the EU
what is the council of the EU?
consists of ministers from each member state
responsible for broad policy decisions
what is the European commission?
28 commissioners who’s duty is to act in the Union’s interest
proposes legislation
tries to ensure treaties are implemented in each member state
what is the EU parliament
members elected by citizens in each member state.
can co legislate on an equal footing with the council in most areas
what is the court of justice of the EU
one judge from each member state
decides whether member states have failed in obligations
rules on points of EU law when cases are referred to it under Article 267
what are the sources of EU law?
treaties
regulations
directives
what are treaties as a source of EU law?
treaties are directly applicable and have both vertical and horizontal direct effect
can be enforced in UK courts without having to argue breach of UK law (macarthys v smith)
Uk courts can apply treaty law directly
what is directly applicable law?
EU law automatically becomes part of UK law, no need for UK to pass any act of parliament to bring it into force
what is direct effect law?
allows UK individual to rely on EU law in UK courts
indirect effect is where national courts are required to interpret own law in line with EU law
what are the 2 types of direct effect?
vertical direct effect= individual can use EU legislation to sue UK or a public body
Horizontal direct effect= individual can use EU legislation against another individual
what are EU regulations as a source of EU law?
laws issued by council of EU, which is binding on member states and directly applicable
direct effect, both vertical and horizontal
what are directives as a source of EU law?
issued by council of EU and direct all member to bring their own laws on a topic so that harmony is achieved throughout EU
not directly applicable (implement by statutory instruments or privy council or parliament)
have vertical direct effect, but no horizontal but individuals can claim against state for loss caused by failure to implement
EU precedence?
takes precedence over national law even if later act is passed by parliament to change the law
no members can rely on their own law when it is in conflict with EU law
how sovereignty (supremacy) of UK parliament is affected by EU?
EU has supremacy over UK national law, members have the right to withdraw from union
