European Union law Flashcards
Which act of parliament brought the UK into the EU and when was it implemented?
European Communities act 1972 brings into corporation the Treaty of Rome 1957
Uk joins in in 1973
EU law took supremacy in certain selected areas
n/a
n/a
Describe and explain The European Commission
- represents the interests of the EU as a whole
- Proposes new legislation to the European Parliament and council of European Union - on issues that cannot be dealt with at national/regional level
- Ensure EU law is correctly applied by member states - guardian of the treaties alongside the court of justice, can impose penalties, role in managing the EU budget and repping the EU - trade and such agreements outside the eu
Describe and explain the European Council/ Councils of ministers
- Reps govts of individual countries
- Councils members are = politicians who are the relative minister for the issue to discuss - does mean that membership changes case by case
- One of the main law-making EU body - dealing primarily with policy or strategy
- Can also enter into international agreements
- Effectively = sovereign body of EU
Describe and Explain the European Parliament
- Reps the people of the EU
- One of the main EU law making institutions along with the council of the EU
- MEPs directly elected by general population of each country in the EU every 5 years
- No. of MEPs broadly aligns with population size
- Main role - to debate and pass legislation
- Proposals come from the commission
- other functions - supervision of EU institutions
Describe and Explain the Court of Justice of the EU
- not the same as ECtHR
- sits in Luxembourg with 1 Judge from each member state plus assisted by 11 advocate-generals and Judge rapporteurs
- AGs submit - reasoned, public, impartial opinions to the court
- J-R - picked amongst panel of judges hearing the case - responsible for management of proceedings and writing up the decision
- delivers single judgment - no dissenting opinion or different judge inputs
- Deals with only certain types of cases on EU law - preliminary references/ rulings, failure to fulfil EU obligation, actions for annulment, appeal court for the general court
The General Court
- Jurisdiction over all direct actions brought by individuals and EU countries except certain actions
- up to 2 judges from each EU country
- aimed at taking away burden from CJEU and to act as a path to appeal to CJEU
The European Council
- Heads of EU countries plus president
- No law making functions - but decides on general priorities and direction
- Introduced in 1974 to deal with policy matters at the highest level
- Meets twice every 6 months
Sources of EU law
Primary sources:
- include treaties, the accession treaties for new countries, annexed protocols
Secondary sources:
- supplement primary sources
- include regulations, directive decisions, opinions and recommendations
Supplementary law:
- Case law of CJ of EU
- relevant international law,
- customs
- general principles
What is the vertical direct effect of the inter relationship between EU law and domestic law
- Can be enforced against any EU member state in its own courts
- individual/Company vs State
What is the horizontal direct effect of the inter relationship between EU law and domestic law
- individual/company vs individual/company
What is the legislation which enacts the core of Brexit and what is that one statute’s impact?
- Withdrawal agreement act 2020
- Repeals ECA 1972
- Converts EU law into domestic legislation
- creates powers for secondary legislation to enable corrections
In addition the withdrawal agreement what other protocols have come about in order to protect British interests post-brexit
- Protocols to the agreement that cover Irish border issues, UK bases in Cyprus and Gibraltar
