European Union Law

Question 1

Name the 2 treaties setting out the rules of the European Union:

Answer 1

The Treaty of European Union
(TEU)
The Treaty of the Functioning of the European Union
(TFEU)

Question 2

Name the 4 main institutions which exercise the functions of the EU: (CCCP)

Answer 2

Council of the EU
European Commission
European Parliament
Court of Justice of the EU

Question 3

Explain the role of the Council:

Answer 3

To enact most EU legislation following proposals put forward from the commission.

Question 4

Explain the 3 main roles of the Commission:

Answer 4

To put forward proposals for new laws, ensure Treaty provisions are properly implemented by member states and is responsible for the administration of the EU.

Question 5

Explain the role of the European Parliament:

Answer 5

Formulate legislation proposed by the commission. Approves the yearly budget of the EU, the composition of the commission and new member states.

Question 6

Describe the two main functions of the Court of Justice of the EU:

Answer 6

• Hear cases to decide whether member states have failed to fulfil obligations under the treaties.
• Hear references from national courts for preliminary rulings on points of EU law.

Question 7

Explain when a national court can refer a point of EU law for a preliminary ruling under Article 267:

Answer 7

Where there is no appeal from the national court within the national system, such a court must refer points of EU law to the Court of Justice of the EU. The SC must refer questions of EU law since it is the highest appeal court in our system. The court of appeal does not have to refer questions.

Question 8

Explain how the operations of the EU court differ from the UK courts: 3 points

Answer 8

• EU mostly presents cases on paper, whereas English courts are oral
• Deliberations are secret with EU law as all judges must sign the majority decision, whereas the dissenting judge makes it clear in the English court system
• EU court is not bound by its own previous decisions and has wide rights to study extrinsic aids

Question 9

Name the 4 sources of EU law:

Answer 9

Treaties
Regulations
Directives
Decisions

Question 10

Explain treaties as a source of EU law:

Answer 10

Treaties are directly applicable and doesn’t not require an Act of Parliament to enforce it. Direct effect allows individuals to rely on it.

Question 11

Explain Vertical and Horizontal Direct Effect:

Answer 11

• Vertical direct effect means an individual can use EU legislation to sue the UK or a public body
• Horizontal direct effect means an individual can use EU legislation against another individual.

Question 12

Explain indirect effect:

Answer 12

Indirect effect is where national courts are required to interpret their own law in line with provisions of EU law.

Question 13

Case example of Direct effect:

Answer 13

Macarthys Ltd v Smith 1980

Question 14

Case example of indirect effect:

Answer 14

Diocese of Hallam Trustee v Connaughton 1996

Question 15

Explain regulations as a source of EU law:

Answer 15

Regulations are laws issued by the Council of the EU which are binding on member states and automatically apply, meaning they’re directly applicable, for example, Re Tachographs: Commission v UK 1979

Question 16

Explain Directives as a source of EU law:

Answer 16

Issued by the council of the EU and direct all member states to bring their own laws on a topic so that harmony is achieved in the EU. Can be implemented by an Act of Parliament, therefore not directly applicable. Have Vertical direct effect but not Horizontal.