#Exam 2- EU Law Flashcards
When did Britain join the EEC
1st January 1973
When did the EU change it’s name from the EEC
1993
How many members are in the EU
28 member states
The UK leaving the EU comes under which article
Article 50
The treaty of Lisbon reconstructed the EU into two main treaties- what are they
The treaty of the EU
The treaty of the functioning of the EU
The main institutions of the EU were set up under which treaty
the treaty of Rome
What are the main institutions of the EU
The council of the EU
The European Commission
The European Parliament
The court of justice of the European Union
What is the council of the EU
A council which discusses broad matters of policy, they also are the main law makers of the union
Who are typically the representatives of each nation in the council of the EU
The foreign minister
Unless on a specific issue in which it could be someone like an agricultural minister
How long does the president of the council hold office for
A 6 month period
What is the double majority rule
55 per cent of member states vote in favour - 16 of member states vote in favour and …
Must have over 65% of total EU population
How many members are in the European Commission
28 commissioners each from a member state
What does the European Commission do
Puts forward ideas for new laws for the Council
Tries to ensure all treaties are implemented in each member state
What does the EU parliament do
Decide on international agreements
Decided to admit new member states
Reviews commissions work and asks to propose legislation
It can co legislate with the council and reject the EU commissions ideas
What determines how many MEPs a country has
It’s population
How many MEPs are there at this moment in time
751
What does the court of justice of the European Union do
Decides which member states have failed in obligations
Rules on points of European Union law when cases are referred to it under article TFEU
Article 267 of the TFEU states what
COJ OF EU has jurisdiction to give preliminary hearings concerning
Interpretation of treaties
Validity and interpretation of acts
Interpretation of statutes and bodies provided by the council
How many judge does each member state put forward
One each
What are the three types of law under the EU
Treaties
Regulations
Directives
What effect do treaties have
Directly applicable to member state countries- no act of Parliament needed
What is direct applicability
Eu law automatically becomes part of UK law
What is the direct effect
Allows UK individual to rely on EU law in court
What are the two types of direct effect
Vertical direct effect
Horizontal direct effect
What is vertical direct effect
Individual can use EU law to sue UK or a public body
What is horizontal direct effect
An individual can use EU legislation against another individual
What happened in MacArthys Ltd V Smith
Wendy Smith was paid less then her male predecessor for the same job. English domestic law stated that it was not illegal as they were employed at different times
What case showed that the UK courts can directly apply European treaty law
Diocese of Hallam Trustee V connaughton
What are regulations
Directly applicable, have direct effect
Laws issued by council of EU
What case shows regulations have to be enforced in every member state
Re v Tachographs: commission V UK- UK didn’t enforce lorries to have mechanical recording equipment in them
What are directives
Issued by council of EU, direct member states to bring their own laws in accordance with others so harmony is achieved
Are directives directly applicable
No
Can a person claim against state for not implementing a directive
Yes
What is the vertical direct effect
An individual can claim against member state even when a directive has not been implemented by the state
What is the horizontal direct effect
When a person can’t rely on EU directives to bring a claim against a member state state as it is not “an arm of the state”
What is the exception to the horizontal directional effect
If the directive give rise to fundamental human rights- it can mean the horizontal direct effect can apply to things which aren’t arms of the state
What is an arm of the state
Something what is being ran by the government or government has public control over it
What case showed that action could be taken against member states for not implementing EU law
Francovich v Italian republic
What did van Duyn v home office show
Individual entitled to rely on treaty provision
What did MacArthys LTD V Smith show
Individual allowed to rely on treaty provision even if national law is different
What did Re v Tachographs: commission V UK show
Regulations are applicable to the each MS
What did Marshall v Southampton and SW health authority show
Individuals can rely on directives which have not been implemented when taking action against a states actions
What did Costa v ENL show
EU takes precedence over national law
What did the factorame case show
EU law takes precedence even when national law contradicts the EU law
What does van Gand de Loos show
ECJ has right to decide whether EU or national law prevails
What is an issue with EU
It affects Parliamentary sovereignty- Eu law has supremacy over national law
