LA1: European Union Institutions Flashcards
When was the Treaty of Rome signed?
1957
When did England join the European Union?
01.01.1973
What was passed by parliament in order for the UK to become a member of the EU?
The European Communities Act 1972
When was the Treaty of Lisbon?
2009
What did the Treaty of Lisbon 2009 do?
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
The number of commissioners were reduced down in 2014 so that there were less commissioners than member states. Which piece of legislation did this?
The Treaty of Lisbon 2009
What did the European Parliament do in 1999 to the Commission?
Had a vote of censure against the whole commission and had to all resign over allegations of fraud.
Describe the facts of the case Re Tachographs Commission v UK 1979 and the commissions role in this case
- 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.
Which piece of legislation allows the council to issue regulations, directive and make decisions?
Article 288 TFEU
How did the Treaty of Lisbon 2009 change the role of the European Parliament?
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.
What does Article 19 TFEU state about the role of the ECJ?
That the ECJ must ‘ensure that in the interpretation and application of the treaty, the law is observed’
Which piece of legislation decides on the composition of the ECJ?
Article 253 TFEU
Under Article 253, who is employed to work the ECJ?
Judges are appointed to sit on the court as well as 9 Advocate Generals who assist the judges.
Which piece of legislation sets out the judicial role of the ECJ?
Article 19 TFEU
Under Article 19 TFEU, it sets out the ECJ judicial role. Explain what its judicial role is and in which case was it used.
To ensure that all member states are fulfilling their obligations under EU treaties. e.g. Re Tachographs Commission v UK 1979
When was the case Factortame?
1990
When was the Merchant Shipping Act?
1988
The Factortame 1990 case is an example which shows what?
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.
One of the ECJ roles is to carry out a Judicial Role, what is its other role?
A supervisory role to hear references from national courts on preliminary rulings on a point of European law.
Which Article sets out the European Court of Justice’s supervisory role?
Article 267 of the TFEU
What is the ‘Referral Procedure’ under Article 267?
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)
Which case is an example of when the Supreme Court had to make a mandatory referral?
Marshall v Southhampton Area Health Authority 1986
Which case is an example of a discretionary referral made by a lower English Court?
Torfaen Borough Council v B&Q 1990
What happened in the Torfaen Borough Council v B&Q 1990 case?
The Magistrates made a discretionary referral to the ECJ on whether existing Sunday Trading broke the Treaty of Rome.
When was the case Bulmer v Bollinger?
1974
Why is the Bulmer v Bollinger 1974 case important?
because it sets out the guidelines as to when National Courts should refer questions to the ECJ
When was the case International Stock Exchange ex parte Else?
1993
Why is the International Stock Exchange Ex parte Esle 1993 case important?
because it emphasizes that referrals should only be made when the referral has a critical outcome to the case.
Which case was the first case to be referred to the ECJ?
Van Duyn v Home Office 1974
In what case did Lord Bingham stress the advantages of referrals to the ECJ?
Commissioner’s v Customers and Excise v Samex Aps 1983
