General Principles Flashcards
Describe role of the (i) EP; (ii) TCEU; (iii) EC; and European Council.
(i) EP - Represents EU citizens, directly elected, holds EC and its president accountable, shares legislative function with council
(ii) TCEU - Represents Member States, makes legislative decisions
(iii) EC - Upholds EU interests and Treaty provisions; initiates all new EU policy initiatives and laws
(iv) European Council - Comprises heads of state and government of Member States, responsible for strategic planning and policy-making
What are the five areas of exclusive EU legislative competence?
- Customs union
- Competition rules
- Monetary policy
- Conservation of marine biological resources under common fisheries policy
- Common commercial policy
How does general voting take place in TCEU (3 points)?
- Simple majority for procedural matters
- Qualified majority - 72% of MS, 65% of population
- Double majority for EC or High Representative for Foreign Affairs and Security Policy proposals - 55% of MS; 65% of EU population
Three types of applications to CJEU?
- Judicial review (Arts 263 and 264 TFEU)
- Commission enforcement (Art. 258 TFEU)
- Preliminary references (Art. 267 TFEU)
What is the effect of the European Parliamentary Elections Act 1978?
UK Govt may not ratify a treaty expanding the EP’s powers without an Act of Parliament
What are the two effects of the European Union (Amendment) Act 2008?
- All directly effect Community provisions are automatically part of English law.
- Amendments to the founding EU treaties must be approved by an Act of Parliament.
What is the effect of the European Union Act 2011?
Amendments to TEU or TFEU must be approved by an Act of Parliament.
What is the meaning of “directly applicable” EU laws? Which forms of EU legislation are directly applicable?
No need for states to pass implementing legislation. Decisions and Regulations are directly applicable; Directives are not.
Which forms of EU legislation are binding in their entirety?
Only Regulations.
Directives and Decisions bind only those to whom they are addressed (note Decisions can be addressed to companies or Member States as well, but NOTE (i) Directives leave the precise form and method of implementation to each MS’ discretion and (ii) are binding as to Outcome only
Two effects of Simmenthal II?
- National courts must apply Community law in its entirety.
2. National courts must set aside conflicting national law whether prior or subsequent.
Effect of Factortame 2?
It is the duty of the UK Court to override any national law which conflicts with directly enforceable Community law.
Factortame 3 and 4’s 3-stage test of State liability?
- Rule of law infringed was intended to confer rights on INDIVIDUALS
- Infringement was sufficiently SERIOUS in that the State manifestly and gravely disregarded the limits of its discretion (e.g. failure to implement a Directive at all)
- Directly CAUSAL link between MS’ breach and damage
What is meant by the phrases “vertical direct effect” and “horizontal direct effect”?
Vertical DE - Individuals can evoke a European legislative provision in relation to the State
Horizontal DE - Individuals can evoke a European legislative provision in relation to other individuals
Which European legislative provisions can be horizontally directly effective?
Treaties and Regulations only, provided the provision is
- CLEAR and PRECISE - gives rise to identifiable rights and is set out in unequivocal terms; and
- UNCONDITIONAL - does not depend on the effectiveness of other measures and the State has no discretion in implementation
When is a Directive actionable?
Only Vertical Direct Effect IF the MS fails to implement within a time limit.
