European Union Flashcards
Institutions of the European Union
The European economic community was set up by The Treat of Rome in 1957 and consisted of 6 members
This then became the European Union
Membership of the EU
Each member state has ONE commissioner who is supposed to act independently of their national origin and interests
-Commissioners are appointed for a 5 year term and can only be removed with a vote from European Parliament
-Each commissioner heads a department with a special responsibility for one area of Union policy e.g., Economic Affairs , Agriculture, Environment
Functions of the Commission
- Puts forward proposals for new laws to be adopted by Parliament and the council
- Guardian of the treaties :
-Ensures Treaty provisions are adopted and properly implemented by the union
-If member state fails / infringes such provisions, then Commission can intervene and refer to CJEU (in favour of court judgments and against member states) - Responsible for the administration of the EU and it has powers to implement the Unions budget and supervise how the money is spent
Members of the European Parliament
Are elected
•Local elections take place every year
•Number of MEPs from each country represents size of its population
•MEPs form political groups
•Can approve / reject a proposal by the commission
•Can co-legislate on an equal footing with the council in most areas
Parliament’s Role
Decides on international agreements
Decides whether to admit new members
Reviews Commissions work programme and asks it to propose legislation
The Council of the EU
This is the principal law making and decision-making body of the European Union
-Negotiates, amends and adopts laws together with the European Parliament
-The Foreign Minister is usually a country’s main representative. They commit their government to the laws / actions agreed upon
-Responsible for broad policy decisions and consists of members from each MS
CJEU
The Court of Justice of the EU
Formerly the ECJ : European Court of Justice
The Court of Justice of the EU
-Article 253 of the Treaty of the Functioning of the European Union (TFEU) : Judges appointed from the highest judicial posts in the member states or leading academic lawyers
-Appointed on a term of 6 years
-Self select themselves to be President of the court
-Court sits in Luxembourg and has 1 judge from each member state
-Under Article 253 : Research all legal points, present publicly, impartiality , independence on cases submitted to the court
Function of the CJEU
Article 19 Treaty of the European Union (TEU) : Court must “ensure that in the interpretation and application of the treaty, the law is observed uniformly in all member states.”
This is done by :
1. Hearing cases to decide if MS has failed to fulfil its obligations under EU treaties. (Re Tachographs : The Commission V United Kingdom)
2. Hearing references from national courts for preliminary rulings on points of EU law
3. Rulings on CJEU are binding on all courts in member states. This ensures that all law is uniform throughout the EU
The status of the CJEU on UK courts is yet to be finalised
Sources of European Union Law
-Primary Legislation
-Secondary Legislation
Primary legislation
Treaties (mainly)
Secondary legislation
Legislation passed by EU institutions under Article 288 TFEU
Made up of regulations, directives and decisions
Treaties
The Treaty of Rome 1957: Established the common market which eventually became the European Union
Treaties of Accession: When a new member joins the EU this is signed (UK signed in 1972)
Treaty on the European Union 1992 (Maastricht Treaty) : Shared European Union citizenship and attempted single currency
The Treaty of Lisbon (TEU) : Amended Treaty of Rome and Maastricht Treaty
Treaties l
When the UK became a member of the EU any treaty made automatically became Uk law
This applies to all member states and does not need an Act of Parliament
Impact of EU law on UK law
A citizen of a member state can rely on directly applicable law contained in Treaties and Regulations to enforce their rights as they automatically become part of the law in a member state
Since the UK left the EU, this cannot apply to UK citizens
•Link to ECHR (Human Rights - introduced by EU law)
•Highest appeal court (was CJEU when part of EU)
•Supremacy of EU law - Parliament’s power was taken away
•Purposive approach - created by EU predominantly to allow broader EU laws to be interpreted
•Can link to directives (individual rights developed by CJEU : direct, vertical , horizontal)
What is a Directive?
A legislative act that sets out a goal that all EU countries must achieve within a certain amount of time
-It is up to each MS to write and bring that into effect within it’s own law to achieve that goal
-Directives are the main way in which harmonisation of laws in MS’s is achieved
-Consumer Rights Directive 2011/83 strengthened consumer rights across the EU. It got eliminated hidden costs for goods/services bought on the internet and extended the period of time which consumers can withdraw from a sales contract
Usual way of implementing a directive
Statutory instrument
Act of Parliament
Orders in council
Directives
Under EU law member states have to implement EU directive into their own national legislation
-There is usually a time limit— failure means member state in breach of their obligation
-Once directive is written, individuals can rely on their rights under national law
-If done incorrectly, individuals have right to hold director against the member states
A private individual/body who is defending a claim based on an EU directive is allowed to rely on national law even if it’s not properly implemented— because directives do not have direct effect between private individuals or bodies (Francovich)
Individuals relying on EU law
Direct effect: An EU law that an individual can rely on an authority for their
own case. This applied to laws in Treaties and Regulations.
Vertical direct effect: Where an individual can claim against an emanation of
the state (arm of state) when a directive has not been implemented or
implemented in a defective way
Horizontal direct effect: If EU law has horizontal direct effect, then an
individual can rely on it to claim against another individual or business.
Indirect effect: Where a member state has failed to implement a directive
either correctly or not at al
EU Regulations
Regulations are issued by the European Council under Article 288 TFEU. They apply throughout the EU and become part of domestic law with no further legislation required.
This was confirmed in (Re: Tachographs : Commission v UK) in which it was held that the regulations are “binding in every respect and directly applicable in each Member State
They must be applied , even if a member state had passed law which conflicts with them as confined in (Leonisio v Italian Minister for Agriculture and Forestry)
Regulations
Have both vertical and direct effect
Statutory interpretation
Members of the EU affected UK courts
Judges in CJEU mostly use the “purposive approach”
Encouraged UK judges greater use of this approach in English Courts
Parliamentary Sovereignty
EU law takes precedence over national law of every member state
First established in (Van Gen Den Loos)
In (Costa v ENEL) : CJEU decided that even if there was a later national law, it did not take precedence over EU law
(Factortame) : CJEU states that the UK could not enforce The Merchant Shipping Act 1988 as it went against The Treaty of Rome
Both cases show how the member states have transferred sovereign rights over to the EU
Conflict of Supremacy
No member state can reply on its own law if it is in conflict with EU law.
→“Supremacy” was one of the main arguments in ‘leave’ campaigners for Brexit
→ As the UK left - Parliament regained its sovereignty
→ Parliament free to pass any laws even if it is in conflict with EU law
No clarity on how previous laws are affected yet
