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Law AS > European Union Institutions > Flashcards

European Union Institutions Flashcards

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1
Q

When was the EU formed?

A

1957 by the Treaty of Rome.

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2
Q

How many countries were in the EU originally?

A

6 countries.

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3
Q

How many member states does the EU have today?

A

27 member states.

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4
Q

When did the UK join the EU?

A

1st January 1973.

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5
Q

What Act did Parliament pass when the UK joined the EU?

A

European Communities Act 1972

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6
Q

What treaty restructured the EU?

A

Treaty of Lisbon 2009.

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7
Q

What two treaties now set out the rules of the EU?

A

Treaty of European Union (TEU).

Treaty of the Functioning of the European Union (TFEU).

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8
Q

What are the main institutions of the EU?

A

The Council of the European Union
The Commission
The European Parliament
The Court of Justice

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9
Q

What other institutions of the EU are there?

A

Several ancillary bodies.

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10
Q

What is the most important ancillary body?

A

Economic & Social Committee.

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11
Q

How many Commissioners are there, how are they supposed to act?

A

27 Commissioners, one from each member state, independently from national origin.

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12
Q

What long are Commissioners appointed for? How can they be removed?

A

5 years, can only be removed by vote of censure by European Parliament.

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13
Q

Who is the Commission answerable to?

A

European Parliament.

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14
Q

How can the entire Commission be forced to resign?

A

If the European Parliament passes a motion of censure against them.

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15
Q

When did the European Parliament pass a motion of censure against the Commission?

A

1999 over allegations of fraud, but were re-instated.

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16
Q

What are the Commissioners responsible for?

A

An area of EU policy, heads a department.

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17
Q

What is the Role of the Commission?

A
  • Proposes policy and drafts legislation for the Council.
  • Ensures treaties and EU law are properly implemented by member states.
  • Has some legislative powers delegated by the Council.
  • Implements decisions taken by the Council.
  • Has administrative responsibility for the EU.
  • Manages EU’s common policies (e.g. overseas aid).
  • Has executive powers to implement the EU’s budget.
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18
Q

Evaluate the Commission.

A

Considered the most powerful EU body.

Commissioners are not directly elected by the electorate, so it’s not democratic.

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19
Q

Who attends the Council of the EU?

A

Representative of each member state, usually a Minister, sent by the government.

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20
Q

What does the person going depend upon?

A

The topic of discussion.

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21
Q

Who is the Council assisted by?

A

Coreper – committee of permanent representatives.

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22
Q

Who holds the Presidency of the Council of the EU?

A

Members take turns to hold it for six months.

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23
Q

What happens twice yearly in relation to the Council of the EU?

A

European Council - Heads of government attend summit to discuss broad matters of policy.

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24
Q

What is the Role of the Council of the EU?

A
  • Main decision making body of the EU.
  • Defines general political directions and priorities.
  • Art 288 TFEU – can issue regulations, directives and decisions.
  • Considers proposal for law, has power to commit governments to new policies.
  • “The Commission proposes, the Council disposes.”
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25
Q

Evaluate the Council of the EU.

A
  • Enables a lot of decision making to stay democratic.
  • More accountable than Commission as it’s answerable to national parliaments.
  • Operates in undemocratic way, takes decisions in secret.
  • Qualified Majority Voting – sometimes countries have decisions forced on them that they don’t agree with.
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26
Q

How are MEP’s elected?

A

By citizens of EU countries every five years.

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27
Q

Where and when does Parliament meet?

A

In Strasbourg and Brussels for up to a week in each place, each month.

28
Q

How do MEP’s sit?

A

In political groupings, not country groups.

29
Q

What is the Role of the European Parliament?

A

Discusses proposals put forward by Commission.

30
Q

What do standing committees do?

A

Discuss proposals and report to Parliament for debate.

31
Q

Are decisions made by the European Parliament binding?

A

No, but are every influential on Council of Ministers.

32
Q

What can the Parliament do to drafts and directives proposed by the Commission?

A

Can give opinion and ask them to amend them to take account of Parliaments position.

33
Q

What did the Treaty of Lisbon 2009 do in relation to the European Parliament?

A

MEP’s have more say in EU law making.

34
Q

Evaluate the European Parliament.

A
  • Has no real power.
  • Seen as giving democratic legitimacy to EU but doesn’t have same power as national parliament.
  • Its agreement is needed for any international treaty.
  • Has power over the budget, can veto it.
  • Has power to accept/reject Commissioners when they are nominated.
35
Q

Where is the function of the Court set out?

A

Article 9 Treaty of the Functioning of the European Union.

36
Q

Where does the Court sit?

A

Luxembourg.

37
Q

How many judges sit on the Court?

A

27, one from each member state.

38
Q

How many judges sit on a full court?

A

11 judges.

39
Q

How many judges sit in a chamber?

A

3-5 judges.

40
Q

To be appointed to the court, what must a judge hold?

A

The highest judicial position in their own country.

41
Q

How long are judges to the court appointed?

A

Six years, can be reappointed for another six years.

42
Q

How is the President of Court selected?

A

Judges select from amongst themselves.

43
Q

Who assists the judges?

A

9 Advocates General.

44
Q

What roles does the European Court have?

A

Judicial Role and Supervisory Role.

45
Q

What is the Judicial Role of the European Court?

A

Court hears cases to decide if a member state has failed to fulfil obligations under EU treaties.

46
Q

What two cases are associated with the judicial role of the European Court?

A

Re Tachograph; The Commission v UK (1979)

Factortame (1990)

47
Q

What happened in Re Tachograph; The Commission v UK (1979)?

A

UK failed to implement a European Regulation on the use of tachographs in Lorries.

48
Q

What is the legal principle of Re Tachograph; The Commission v UK (1979)?

A

European Court of Justice binds the UK courts on all matters relating to the European Union. UK was held to be in breach of the regulation.

49
Q

What happened in Factortame (1990)?

A

Britain had to set aside The Merchant Shipping Act 1988.

50
Q

What is the legal principle of Factortame (1990)?

A

It conflicted with EU law.

51
Q

What is the Supervisory Role of the European Court?

A

Hears references from national courts for preliminary rulings on points of EU law.

52
Q

What does the Referral Procedure mean?

A

Article 267 TFEU) Supreme Court must refer questions of EU law to ECJ. Mandatory referral.

53
Q

What case is an example of mandatory referral?

A

Marshall v Southampton Area Health Authority (1986).

54
Q

Does the CoA and other courts have to refer questions of EU law?

A

No, they have discretion.

55
Q

What is the case associated with discretionary referrals?

A

Torfaen Borough Council v B&Q (1990).

56
Q

What happened in Torfaen Borough Council v B&Q (1990)?

A

Magistrates referred case on whether restrictions existing on Sunday trading broke the Treaty of Rome.

57
Q

What did Bulmer v Bollinger (1974) do?

A

CoA gave guidelines for courts to decide when to make a discretionary referral.

58
Q

What are the guidelines given by Bulmer v Bollinger (1974)?

A
  • Guidance must be necessary to come to a decision.
  • No need to refer a question which has already been decided in a previous case.
  • No need to refer a point which is reasonable clear and free for doubt.
  • Court must consider all circumstances of a case.
  • Court retains the right to refer.
59
Q

What case is associated with the guidelines given in Bulmer v Bollinger (1974)?

A

International Stock Exchange ex parte Else (1993).

60
Q

What happened in International Stock Exchange ex parte Else (1993)?

A

Emphasised that guidance must be necessary to come to a decision.

61
Q

What was the first case referred to the ECJ by English courts?

A

Van Duyn v Home Office (1974).

62
Q

Who states the advantages of making a referral and in what case?

A

Lord Bingham in Commissioners v Customs and Excise v Samex Aps (1983).

63
Q

What are the advantages of making a referral?

A
  • ECJ has the overview of the EU.
  • Able to compare all meaning of the measure in all European countries.
  • Used to taking a creative and purposive approach to legislation whereas UK adopts a more literal approach.
64
Q

What are the disadvantages of making a referral?

A
  • It causes delays.
  • Delays result in increased expense.
  • Increases delays in the EU court system.
  • Referral may be made contrary to the wishes of the parties.
65
Q

What is the impact of judgements of the ECJ on Member states?

A

Rulings are binding in all EU states, to ensure uniformity. Therefore courts must consider a ECJ ruling when applying/interpreting English law.

66
Q

What are the differences between the ECJ and English Courts?

A
  • Evidence is presented written rather than orally.
  • Use of Advocates Generals.
  • Deliberations of judges are conducted secretly.
  • ECJ is not bound by previous decisions.
  • Prefers the purposive method of interpretation. Wide rights to study external aids of interpretation.

Law AS (4 decks)

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