European Union Flashcards
What two treaties are established in 2009 Treaty of Lisbon?
Treaty of European Union (TEU)
Treaty of the Functioning of the European Union (TFEU)
Institutions Established in the Treaty of Rome?
Council of the European Union
The Commission
European Parliament
Court of Justice of the European Union
EU law making process?
EU Commission - propose the law
EU Council - amend and negotiate with Parliament
EU Parliament - amend and negotiate with Council
Once agreement is reached, proposed law was passed
What are the different sources of law in EU law?
Treaties
Regulations
Directives
Definition of treaties?
Makes European law part of domestic law but also allows individuals to rely on it sated in the European Communities Act 1972.
Directly applicable and have direct effect (both vertically and horizontally).
Case and point of law for EU treaties?
Macarthys Ltd v Smith
individuals entitled to rely on Treaty provision even though national law is different.
Definition of regulations?
Laws that are issued on the EU and on Member States and automatically apply in each Member State.
Directly applicable and have direct effect (both vertically and horizontally).
Case and point of law for EU regulations?
Re Tachographs
Regulations are directly applicable in all Member States
Definition of directives?
Issued by the EU and direct all Member States to bring in the same laws throughout all the countries.
Not directly applicable
Article for EU directives?
Implemented by 288 Article TFEU
Direct effect meaning regarding European Union?
When a Member State have not implemented a directive in the time laid out
What are the different direct effects regarding the European Union?
Vertical Direct Effect
Horizontal Direct Effect
Definition of Vertical Direct Effect?
Is where the individual can claim against the state even when a directive has not been implemented.
Case and point of law for vertical direct effect?
Marshall case
Directives have vertical direct effect
Definition of Horizontal Direct Effect?
Detectives which have not been implemented do not, however, give an individual any rights against other people
Case and point of law for horizontal direct effect?
Francovich v Italian Republic
Individuals can claim compensation from state for losses caused by failure to implement a directive
