European Union Flashcards
who was the European Economic Community set up by and when
Germany, France, Italy, Belgium, the Netherlands + Luxembourg in 1957 by the Treaty of Rome
when did the UK join the EU
1st January 1973
what treaty introduced the name of ‘European union’ and when
The Treaty of The European Union (TEU) in 1993
when was the UK referendum where 53% voted in favour of leaving the EU
23rd June 2016
what article was invoked by the UK government by end of March 2017 + what did this mean
Article 50 of the Treaty of the European Union - put UK on course to leave EU
what is EU law
a body of treaties and legislation (e.g. Regulations + Directives) which have direct/ indirect effect on the laws of EU MSs
who is EU law applied by
the courts pf MSs and, where the laws of MSs provide for lesser rights, EU law can be enforced by the courts of MSs
what is the highest court able to interpret European Union law
The Court of Justice of the European Union
what are the 4 main institutions of the EU which exercise the functions of the Union
1) The council of the EU
2) The commission
3) The European Parliament
4) The European Court of justice
what is the main law making body of the EU
the council
in most cases what voting rule is used by the council
the ‘double majority’ rule
who does the council often make EU legislation jointly with
the European Parliament and the Commission
the council only acts on a proposal from…
the commission
what does each MS have + what do they have the power to do
a representative - power to make binding decisions on behalf of their government
how many commissioners are their and how are they supposed to act
28 (one per MS) who are supposed to act independently of their nation origin
2 functions of the commission
1) put forward proposals for new law
2) ‘Guardian of Treaties’ - ensure treaty provisions + other measures adopted by the union are properly implemented
who are members of the European Parliament (MEPs) directly elected by
the electorate of the MSs in elections every 5 years
who do members of the European Parliament form groups according to
their political affiliation
what can MEPs do (2)
1) make council along with the council (approve, reject or amend legislative proposals by the commission)
2) decide on international agreements + whether to admit new MSs
the function of the european court of justice is stated in article 19. what does it say
the court must ‘ensure that in the interpretation and application of the Treaty the law is observed’ —-> this means ensure law applied uniformly in all states)
who is the european court of justice made up of
1 judge from each MS and 11 advocates general
2 functions of the european court of justice
1) hear cases to decide whether MSs have failed to fulfil obligations under the Treaties
2) hear references from National courts for preliminary rulings on points of EU law when a national law breaches EU law
4 operations of the european court of justice
1) presents cases ‘on paper’
2) Advocate general appointed to case will present findings on the law after the parties have made their submissions
3) not bound by own previous decisions
4) prefers purposive approach
2 sources of EU law
primary sources (Treaties)
secondary sources (EU legislation, regulations, directives etc.)
