European Union Flashcards
Key things to know
EU law no longer effects the UK legal system.
We joined in 1973 through the Treaty of Rome.
In 2016 Britain voted to leave the EU.
The main arguments were around cost and “taking back control” which was really parliamentary supremacy
The European Commission
TheCommissionhas one member for each Member State (nominated by PM). Each commissioner has the responsibility for a specific area of activity.
Main functions are
to propose legislation
Administer the union inc. budgets
to ensure that EU laws are implemented and applied.
European Parliament
Representatives of the European Parliament (MEPs) are elected for five-year periods through elections in the Member States. There are 766 seats in the unicameral Parliament. Larger states have more seats: Germany has 99, France has 74, Italy and the UK have 73.
There are no European political parties; however, MEPs participate in their various political rather than national groupings.
Main roles of the European Parliament
Debate commission proposals
Decides on international agreements
Decides who to let into the EU
Asks Commission to propose legislation
Can legislate itself in some areas.
European court of justice
Sits in Luxembourg
Has a judge from each member state#
Ensures:
Member states have met treaty obligations
Hears references from national courts for preliminary rulings on points of European Law
Sources of European law
Treaties – These are the highest form of law and are negotiated between member states. They are automatically part of UK law and can be enforced in UK courts by its citizens. See Van Gend en Loos
EU Regulations – binding on each member state and automatically apply in each member state. “directly applicable”
EU Directives – these are the main way of harmonising laws across the EU – it is binding as to the effect that is to be achieved.
In the UK directives are usually implemented by statutory instrument.
ECJ Decisions – these are binding on the parties.
Recommendations/ Opinions – not binding
