European Union Law Flashcards
When did the UK join and leave the EU?
1973-2020
What are the three key institutions in the EU?
The European Commission
The European Parliament
The European Council
What does the European Commission consist of?
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
What are the functions of the European Commission?
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
What does the European Parliament consist of?
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
What are the roles of the European Parliament?
decides on international agreements
decides whether to admit new member states
reviews the commissions work programme- asks it to propose legislation
What is the European Council?
The principal law-making and decision making body of the EU
It negotiates, amends and adopts laws, together with the European Parliament
What are the roles of the European Council?
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
Who does the CJEU consist of?
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
What is the CJEU’s function?
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
What is a request for a preliminary ruling made under?
Article 267 of the TFEU
What does Article 267 of the TFEU state?
‘The court of justice shall have jurisdiction to give preliminary rulings concerning:’
- The interpretation of treaties
- The validity & interpretation of acts of the institutions
- Interpretation of the statues of bodies- established by an act of the council
What are three sources of EU law?
Treaties
Regulations
Directives
What are treaties?
A type of secondary legislation
E.g. Treaty of Rome (now TFEU) establishing the common market
What are regulations?
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
What was the first case in the UK involving Regulations?
Re Tachographs: Commission V UK (1979)
Mechanical equipment decision left to lorry owners decision- member states had no discretion
What are directives?
A legislative act that sets out a goal that all EU countries must achieve within a certain time frame
E.g. Consumer Rights Directive
What is the impact of Treaties and Regulations on UK law?
A citizen of a Member State can rely on directly applicable laws attained in Treaties and Regulations to enforce their rights
What is the impact of Directives on UK law?
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
What are the two effects that make an individual applicable to rely on a Directive?
Vertical direct effect
Horizontal direct effect
What is vertical direct effect?
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
What is Horizontal direct effect?
An individual would not be able to rely on the non implementation of a Directive to claim against another individual or a private employer
What is indirect effect?
Where a Member state has failed to implement a directive- either correctly or at all
