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.)
2 treaties that provide EU law
Treaty of Rome and Treaty of the EU
can citizens rely on the rights in the Treaty of Rome
yes
explain regulations article 288
'’binding in every respect and directly applicable in each MS’’
what are regulations
laws issued by the EU which are binding on MSs and automatically become law in each MS
in what case did the ECJ say there was no discretion and article 288 was explicit - automatically law
Re Tachographs: Commissions v UK
what do directives orer
a MS to change its domestic law to comply with EU policy
what are directives often passed by and what does this mean
an order in council - means, as subordinate legislation, they are subject to judicial review
where a MS fails to implement a directive within the time period what concept did the ECJ develop
concept of ‘direct effect’
2 types of direct effect + explain
1) vertical direct effect: claim is against an ‘arm of the state’ - individual can rely on the directive
2) horizontal direct effect: claim is NOT against an ‘arm of the state’ - individual cannot rely on the directive
3 impacts of EU law on English law
1) EU law takes precedence over national law (Van Gend en Loos)
2) EU law has supremacy over national law, so parliamentary sovereignty is affected, but MS has ultimate right to withdraw from union
3) UK uses purposive approach when interpreting EU law as it os the EU’s preferred approach to statutory interpretation
what case stated that even if there is a later national law, it does not take precedent over EU law
Costa v ENEL
in what case was it held by the ECJ that Britain could not enforce the Merchant Shipping Act 1988 because it contravened with the Treaty of Rome
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