European Union Law Flashcards
The Institutions of the European Union
- 27 member states. The institutions that carry out functions are:
> The Council
> The Commission
> Parliament
> European court
The Council Of The European Union
- Government of each nation in the unions sends a representative to the council, usually the Minister for the topic of consideration.
- Member states take it in turn to provide the President of the Council; usually 6 months at a time.
KEY FUNCTIONS;
> Final say in deciding EU legislation
> Acts on recommendations & proposals by the Comission
The Commission
- Comprised of 27 commissioners
- Of which are appointed for a 5 year term
- Each commissioner heads a department with special responsibilitiy for 1 area of union policy they act independently of their national origin
KEY FUNCTIONS;
> Presents draft of legislation to the Council for the Councils consideration.
> Guardian of the treaties (union laws), ensures the treaty provisions adopted by the union are properly implemented
L——> if member has failed to implement treaties then comission have duty to intervene and refer matter to EUROPEAN COURT OF JUSTICE
The European Parliament
- 751 members of EP are directly elected by the people of the member states in elections which take place every 5 years
- P meets about once per month for sessions that last about 1 week
- DOES NOT MAKE LEGISLATION
KEY FUNCTIONS;
> Advisory function, comment on proposals from Commission to Council when legislation is proposed
> Legislative powers, can negotiate directly with the councils as to any altercations and amendments. Important role in deciding whether any new members should be admitted to Union.
The European Court of Justice
- Court sits in Luxembourg and has 27 judges, 1 from each member state
- Judges are appointed from those who are eligible for appointment to the highest judicial posts in their own country (Supreme Court UK)
- Each judge is appointed for 6 years and can be re-appointed for a further term
- Judges select one of themselves to be PRESIDENT OF THE COURT
- The court is assisted by 9 Advocate - Generals who hold office for 6 years; they investigate matters submitted to them by the court and produce a report with a recommendation.
KEY FUNCTIONS;
> Hears cases to decide whether member states have failed to fulfil their obligations under the treaties.
> Interprets EU law for member states
European Sources of Law; Primary
PRIMARY: Treaties (treaty of Rome 1957)
L——> Usually concern employment law / discrimination / benefits
> DIRECTLY APPLICABLE, once signed by head of state then it becomes law of each member state AUTOMATICALLY.
European Sources of Law; Secondary, Regulations
Regulations
> DIRECTLY APPLICABLE so once signed by head of state it is part of the law for each member state after issued by council.
> Can’t pick and choose which regulations to implement so laws are uniform across all member states.
European Sources of Law; Directives
Directives
ART 249 of the Treaty of Rome gives power to the EU to issue directives, the main way in which harmonisation of laws within member states is reached, cover topics like; banking, company law, insurance etc
> Binding on member states but MS will pass their own laws to implement directives and such laws have to be brought in within a time limit set by Commission.
Implement by SI, can take action against the state for failure to implement a directive; FVRANCOVICH V ITALIAN REPUBLIC
The RULE OF LAW
Symbolic idea to safeguard against dictatorship
3 ELEMENTS ; Professor A.V. Dicey
> An absence of arbitrary powers on that part of the state
> Equality before the law / No individual or institution is above the law
> Supremacy of ordinary law
The rule of law and law making
> Process of which laws are made must be open and fair;
Acts of Parliament must pass through both Houses of Parliament
House of Lords exercises a check on the law-making process
The rule of law and the legal system
> Every defendant in criminal cases must have a fair trial
Trial by jury maintains fairness and protecting citizens rights
Civil Justice system should be accessible and affordable;
L——> major cuts in public funding of cases and cost of taking civil courses to court has increased.
The Rule of Law and substantive law
> Criminal law aimed at protecting people; murder, manslaughter, NFOs, AND property; theft and robbery.
> Tort law sets out what rights and responsibilities people owe to each other in every day life, protects people & their property and gives them the right to claim compensation for damages.
> Contract law lays down rules on issues when a contract is formed, what events may make contract void or what will breach it.
