European Union Insitutions Flashcards
When and how was the EU formed?
1957 by the Treaty of Rome
How many member states are there now?
27
When did the UK join the EU?
1st January 1973
What did parliament pass when the UK joined the EU?
European Communities Act 1972
What are the 2 treaties to set out EU rules?
Treaty of European Union (TEU)
Treaty of the Functioning of the European Union (TFEU)
What are the 4 main EU institutions?
The Council of the EU
The Commission
The European Parliament
The European Court of Justice
What is the most important ancillary body?
The Economic and social committee
What is the EU’s permanent administration?
The commission
What is the composition for the commission?
27 commissioners, 1 for each member state (ACT INDEPENDENTLY OF THEIR NATIONAL ORIGIN)
How long are the commissioners appointed for?
5 years (can be removed by a vote of censure by the EU parliament)
When did the EU parliament remove all commissioners?
1999 over allegations of fraud
What is each commissioner responsible for?
An area of EU policy and heads a department
Why were members slimmed down in 2014?
Under the lisbon treaty
What are the main roles of the commission? (6)
Proposes and drafts legislation for the council
Ensures all treaties are implemented properly by member states
Some legislative powers
Implements council’s decisions
Administrative responsibility for the EU
Implements EU’s budget
What is the commission considered to be?
The most powerful EU body
Why is the commission criticized for not being democratic?
Because they are appointed by the prime minister(s)
What is the composition of the council of the EU?
It has a variable membership (government of each member state sends a representative to the council - normally a minister)
What does who attends the council of the EU depend on?
The topic under discussion
What is the ‘coreper’ in the council of the EU?
A committee of permanent representatives to deal with day to day work, assisting the council
Who holds presidency of the council of the EU?
Members take it in turn for six months each
When do the European Council meet?
twice a year heads of governments (prime minister) meet in a summit to discuss broad matters of policy
What is the role of the council of the EU? (6)
Main decision making body of the EU Can issue regulations and directives under TFEU Considers proposals for law Concludes international agreements Agree unanimously on important questions Voting is by a 'qualified majority'
What are the advantages to the council of the EU? (3)
Enables decision making to stay in hands of ministers (democratic)
Ministers are answerable to national parliaments
Balances interests of member states with EU
What are the disadvantages to the council of the EU? (3)
Operates in an undemocratic way
Secret council meetings (difficult to keep track of changes)
Some countries are forced upon ideas they do not support (qualified majority voting)
What is the composition of the EU parliament?
MEP’s selected by citizens of all EU countries every 5 years
When and where do the parliament meet?
In Strasbourg and in Brussels for up to a week in each place a month
Where do MEP’s sit in the EU parliament?
In political groupings not countries
What is the main role of the EU parliament?
Discuss proposals put forward by the commission
What are the parliaments standing committees?
Discuss commissions proposals and report back to EU parliament for a full debate
Are decisions made by EU parliament bounding?
No
What can the EU parliament do under the ‘co-operation procedure’?
Give its opinions on draft directives and regulations and the commission can be asked by them to amend proposals
How do MEP’s from the parliament have more say in law making?
Under the Treaty of Lisbon 2009
What are the main criticism of the EU parliament? (2)
It has no real power (recent treaties have increased this)
It can’t propose legislation, just discuss and vote
What are the advantages of the EU parliament? (3)
It’s agreement is needed for any international treaty
Power to accept/reject commissioners
Has power over budget (must approve and can veto it)
Where is the function of the European Court of Justice set out?
Article 91 TFEU - the court must “ensure that in the interpretation and application of the Treaty the law is observed”
What is the composition of the ECJ?
27 judges, 1 from each member state, sits in Luxemburg
Where do the ECJ judges sit?
In chambers of 3/5. 11 sit for a full court (rare)
How are ECJ judges appointed?
Under Article 253 of the TFEU
What must ECJ judges hold to be appointed?
The highest judicial post in their country (appointed for 6 years and then can be reappointed for another ^)
Who is the president of court for the ECJ?
Judges choose amongst themselves
Who are ECJ judges assisted by?
9 advocate generals (impartial judges who fight each side of a case) who are also appointed for 6 years
What are the 2 main roles of the EU court of justice?
Judicial role and supervisory role
What is the ECJ judicial role?
Responsible for hearing prosecution cases and prosecuting member states (RE TACHOGRAPHS)
What is the ECJ supervisory role?
Hears appeals from national courts when there is a preliminary ruling on a point of EU law
What is a preliminary ruling?
Request for clarification on a point of law so it can be uniformally applied through all member states
What does the ECJ do with a preliminary ruling?
NOT decide the case, state what the law is and send it back to national court for them to apply the law
What does the ECJ provide?
Another route of appeal for UK courts on a point of EU law only
What is a mandatory referral?
The supreme court MUST send appeals to ECJ (Marshall V Southampton Area Health Authority 1986)
What are discretionary referral?
Other lower courts requesting a referral to the ECJ only if they wish for a preliminary ruling
When was a discretionary referral first used by the Magistrates?
Torfean Borough Council v B&Q 1990 - Sunday trading
What case gave english courts guidelines to make a discretionary referral?
Bulmer V Bollinger 1974
What were the guidelines for a discretionary referral in Bulmer v Bollinger?
Point of law must be necessary
No need to refer a question that has already been decided by ECJ in previous case
No need to refer a point which is reasonably clear
Court retains the right to refer or not
What was the first case referred to the ECJ by english courts?
Van Duyn v Home Office 1974
What are the advantages of making a referral? (3)
Gives clarity
Compare meanings in all EU member states
Takes a purposive approach
What are the disadvantages of making a referral? (3)
Time and expense
Delays in EU court systems
Referral may be different to what the party wanted
When a referral is made to the ECJ who does it bind?
Not only the member state making the referral but all member states - ENSURES UNIFORMITY
What must all national courts consider when interpreting law?
A European Court ruling - what would happen if it was taken there
What is the difference between EU courtrooms and english courtrooms?
English - theatrical (orally). EU - presented in written forms
What is 1 major difference from UK courts and EU courts?
EU courts have the use of Advocate Generals
Is there any dissenting judgements in EU courts?
No, all judges must appear to agree
What is the difference between the UK courts binding each other and the EU courts?
ECJ is not bound by its previous decisions
What does the ECJ have wide rights to as it uses the purposive approach?
External aids of interpretation
