LA1: European Union Institutions

Question 1

When was the Treaty of Rome signed?

Answer 1

1957

Question 2

When did England join the European Union?

Answer 2

01.01.1973

Question 3

What was passed by parliament in order for the UK to become a member of the EU?

Answer 3

The European Communities Act 1972

Question 4

When was the Treaty of Lisbon?

Answer 4

2009

Question 5

What did the Treaty of Lisbon 2009 do?

Answer 5

Restructured the EU so there were two treaties setting out the rules of the EU. The Treaty of the European Union and the The Treaty of the Functioning of the European Union

Question 6

The number of commissioners were reduced down in 2014 so that there were less commissioners than member states. Which piece of legislation did this?

Answer 6

The Treaty of Lisbon 2009

Question 7

What did the European Parliament do in 1999 to the Commission?

Answer 7

Had a vote of censure against the whole commission and had to all resign over allegations of fraud.

Question 8

Describe the facts of the case Re Tachographs Commission v UK 1979 and the commissions role in this case

Answer 8

• EU issued a regulation making it obligatory for all lorry drivers to install a tachograph system in their vehicle.
• The UK informed the haulage companies that this was voluntary rather than compulsory
• The commission brought this case to the ECJ and they were found in breach of the EU regulation
• The UK were made to fulfill its duties to EU and follow the law as European law is binding and all lower courts are bound to follow the EU law even if in conflict with their own.

Question 9

Which piece of legislation allows the council to issue regulations, directive and make decisions?

Answer 9

Article 288 TFEU

Question 10

How did the Treaty of Lisbon 2009 change the role of the European Parliament?

Answer 10

It allowed MEPS of the European Parliament to have more of a say in EU law making as before they had very little power to influence decisions.

Question 11

What does Article 19 TFEU state about the role of the ECJ?

Answer 11

That the ECJ must ‘ensure that in the interpretation and application of the treaty, the law is observed’

Question 12

Which piece of legislation decides on the composition of the ECJ?

Answer 12

Article 253 TFEU

Question 13

Under Article 253, who is employed to work the ECJ?

Answer 13

Judges are appointed to sit on the court as well as 9 Advocate Generals who assist the judges.

Question 14

Which piece of legislation sets out the judicial role of the ECJ?

Answer 14

Article 19 TFEU

Question 15

Under Article 19 TFEU, it sets out the ECJ judicial role. Explain what its judicial role is and in which case was it used.

Answer 15

To ensure that all member states are fulfilling their obligations under EU treaties. e.g. Re Tachographs Commission v UK 1979

Question 16

When was the case Factortame?

Answer 16

1990

Question 17

When was the Merchant Shipping Act?

Answer 17

1988

Question 18

The Factortame 1990 case is an example which shows what?

Answer 18

That if ever there is a conflict between a countries own law and the European law, the European law will prevail. In Factortame, Britain had to set aside the Merchant Shipping Act 1988 because it conflicted with EU law.

Question 19

One of the ECJ roles is to carry out a Judicial Role, what is its other role?

Answer 19

A supervisory role to hear references from national courts on preliminary rulings on a point of European law.

Question 20

Which Article sets out the European Court of Justice’s supervisory role?

Answer 20

Article 267 of the TFEU

Question 21

What is the ‘Referral Procedure’ under Article 267?

Answer 21

Whereby the Supreme Court must refer all questions of European Law to the ECJ as it is the highest court in the English Court hierarchy (known as a mandatory referral)

Question 22

Which case is an example of when the Supreme Court had to make a mandatory referral?

Answer 22

Marshall v Southhampton Area Health Authority 1986

Question 23

Which case is an example of a discretionary referral made by a lower English Court?

Answer 23

Torfaen Borough Council v B&Q 1990

Question 24

What happened in the Torfaen Borough Council v B&Q 1990 case?

Answer 24

The Magistrates made a discretionary referral to the ECJ on whether existing Sunday Trading broke the Treaty of Rome.

Question 25

When was the case Bulmer v Bollinger?

Answer 25

1974

Question 26

Why is the Bulmer v Bollinger 1974 case important?

Answer 26

because it sets out the guidelines as to when National Courts should refer questions to the ECJ

Question 27

When was the case International Stock Exchange ex parte Else?

Answer 27

1993

Question 28

Why is the International Stock Exchange Ex parte Esle 1993 case important?

Answer 28

because it emphasizes that referrals should only be made when the referral has a critical outcome to the case.

Question 29

Which case was the first case to be referred to the ECJ?

Answer 29

Van Duyn v Home Office 1974

Question 30

In what case did Lord Bingham stress the advantages of referrals to the ECJ?

Answer 30

Commissioner’s v Customers and Excise v Samex Aps 1983