European Union Law

Question 1

When did the UK join and leave the EU?

Answer 1

1973-2020

Question 2

What are the three key institutions in the EU?

Answer 2

The European Commission

The European Parliament

The European Council

Question 3

What does the European Commission consist of?

Answer 3

Each member state has one Commissioner who is supposed to act independently of their national origin and interests

Commissioners appointed for a five-year term

Question 4

What are the functions of the European Commission?

Answer 4

Puts forward proposals for new laws to be adopted by Parliament and the Council

‘Guardian’ of the treaties- ensures measures are properly implemented

Responsible for the administration of the EU

Question 5

What does the European Parliament consist of?

Answer 5

Members of European Parliament- directly elected by the electorate of the Member States in elections

MEPs don’t operate in national groups, form political groups with those of the same political allegiance

Question 6

What are the roles of the European Parliament?

Answer 6

decides on international agreements

decides whether to admit new member states

reviews the commissions work programme- asks it to propose legislation

Question 7

What is the European Council?

Answer 7

The principal law-making and decision making body of the EU

It negotiates, amends and adopts laws, together with the European Parliament

Question 8

What are the roles of the European Council?

Answer 8

A representative sent to the council by each member state

Foreign minister is usually a country’s main representative- gov is free to send any of its ministers to council meetings

Question 9

Who does the CJEU consist of?

Answer 9

Judges appointed under Atricle 253 TFEU
Eligible for appointment to the highest judicial posts in their own country

Assisted by 11 Advocates General
Full court- 11 judges will sit

Other standard cases- 3-5 judges

Question 10

What is the CJEU’s function?

Answer 10

Set out Article 19 TEU

States a court must ‘ensure that in the interpretation and application of the Treaty the law is observed’ uniformly in all states

Question 11

What is a request for a preliminary ruling made under?

Answer 11

Article 267 of the TFEU

Question 12

What does Article 267 of the TFEU state?

Answer 12

‘The court of justice shall have jurisdiction to give preliminary rulings concerning:’

1. The interpretation of treaties
2. The validity & interpretation of acts of the institutions
3. Interpretation of the statues of bodies- established by an act of the council

Question 13

What are three sources of EU law?

Answer 13

Treaties

Regulations

Directives

Question 14

What are treaties?

Answer 14

A type of secondary legislation
E.g. Treaty of Rome (now TFEU) establishing the common market

Question 15

What are regulations?

Answer 15

Laws made by the council
Automatically become part of the member state’s law- directly applicable

e.g. Unfair Terms in Consumer Contracts Regulations 1994

Question 16

What was the first case in the UK involving Regulations?

Answer 16

Re Tachographs: Commission V UK (1979)

Mechanical equipment decision left to lorry owners decision- member states had no discretion

Question 17

What are directives?

Answer 17

A legislative act that sets out a goal that all EU countries must achieve within a certain time frame

E.g. Consumer Rights Directive

Question 18

What is the impact of Treaties and Regulations on UK law?

Answer 18

A citizen of a Member State can rely on directly applicable laws attained in Treaties and Regulations to enforce their rights

Question 19

What is the impact of Directives on UK law?

Answer 19

Member states need to implement Directives into their own legislation- in a set time frame

Individuals can then rely on the rights provided within the domestic courts

Question 20

What are the two effects that make an individual applicable to rely on a Directive?

Answer 20

Vertical direct effect
Horizontal direct effect

Question 21

What is vertical direct effect?

Answer 21

If an individual is claiming against the state or an arm of it, then they will be able to rely on the directive even if it has not been ilplememted effectively

Question 22

What is Horizontal direct effect?

Answer 22

An individual would not be able to rely on the non implementation of a Directive to claim against another individual or a private employer

Question 23

What is indirect effect?

Answer 23

Where a Member state has failed to implement a directive- either correctly or at all