Law and functions Flashcards
TFEU
Treaty on the Foundation of the European Union
Primary legislation of the EU
Treaties
Secondary legislation of the EU
Regulations and directives
List of significant EU treaties
EEC 1958, SEA 1987, TFEU ‘Maastricht’ 1993, Amsterdam 1999, Nice 2003, Lisbon 2007.
Council
One representative from each State. The rep is the national government minister relevant to the decision and so changed from decision to decision, coordinated general economic policies, runs on a majority system but has often attempted to produce unanimous decisions.
European Council
Made up of heads of state with an appointed EU president, who meet 5 to 6 times each year, normally agrees foreign policy and defence as well as all other policy agreements and the directs either the council or commission to proceed.
The commission
one representative from each member state, who is unelected. Each minister (rep) looks after a certain portfolio of government such as agriculture. New commission every 5 years, it creates legislation, ensures member states comply with EU law, manages competition law and manages the budget.
The parliament
made up of over 700 elected MEPs has supervisory powers over other areas of the EU and legislative powers either via the ordinary legislative procedure which it creates legislation which then must be accepted by the council or propose amendments, or special measure such as where the commission drafts legislation for the council and the parliament, parliament must be consulted but it does not have a veto, or a legislative power where legislation must be accepted by the council and the parliament but may not be amended, for example for treaty changes or applications for EU membership.
The ECJ
has the ability to create case law (jurisprudence), one judge form each member state, must be independent and already a judge, designed to make sure both member states and institutions remain within EU law.
General court
court of first instance for the EU
Article 267 TFEU
national courts can ask questions of the Eu on a certain case and the ECJ answers them forming a ruling where EU law is explaining the EU law and what it does. Any national court may refer to the EU
CJEU
courts of justice of the European union, both the ECJ and the general court
CILFIT criteria
a decision on a question of EU law isn’t necessary if it has already been dealt with by the ECJ, where the EU law isn’t relevant to the case or where the law is obvious and so has no room for interpretation.
mandatory and permissive jurisdiction
UK is permissive meaning a court can refer up to higher court, EU law should be referred to the ECJ as soon as it becomes an issue but must be referred once it reaches a mandatory national court. in the Uk that is the Supreme Court.
horizontal claim
individuals or companies suing each other only regulation effect these.
vertical claim
individual suing the state or organisation of the state directives only are relevant to vertical claims as it is only possible for an individual or business to enforce directives against the state and emanations of the state, regulations effect these too.
Indirect effect
if the implementation of a directive is slightly distinct form the EU law but it has the same effect, interpreting the EU law using purposive to effect national legislation. Can now effect any law
Direct effect
allows an individual to invoke an EU law before a national court
ECJ general principles
Respect for fundamental rights The principle of proportionality Principle of equality Principle of legal certainty Principle of respect for procedural rights
Directive 2006/54
equal treatment directive
Directive 2000/78
discrimination in workplace on age, sexual orientation, disability or religion
Directive 3000/43
discrimination on grounds of race
directive 75/117
Equal pay
Directive 76/207
Equal treatment
Direct discrimination
where one-person is or has been treated differently from another on the grounds of sex.
Indirect discrimination
Is a seemingly neutral state which favours one gender over another in order to challenge indirect discrimination you need to show particular disadvantage and that there is not a legitimate justification
Bilka test
a state must justify legisalation which is indirectly discriminatory by proving the law reflects a legitmate aim of social policy, the aim is unrelated to discrimination on sex and it is a means suitable for attaining the aim
Article 15
allows for some protection of pregnant women.
Article 157 ( 4)
the rules of positive action, protects against discrimination when it is trying to encourage underrepresented groups into workforce
Article 14 (2)
Allows discrimination, if it is a job requirement.
Directive 2006/54/EC
of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)
Article 26
defines internal market as one without internal frontiers in which the freedom movement of goods, persons, services and capital is ensured
Articles 28- 30
defines the customs union
