Law Key Words ELS🇪🇺(EU Law) Flashcards
TEU
Treaty of the European Union
TFEU
Treaty of the functioning of the European Union
EU Institutions
• The council of the European Union
• The Commission
• European Parliament
• Court of the Justice of the European Union
Council of the EU
The European Council meets every three months, but convenes more frequently to address urgent issues. It sets out general policy objectives for the EU to follow, deals with sensitive political matters, and acts as a trouble-shooter for areas of business where ministers are unable to agree. After each meeting, the European Council publishes its ‘Conclusions’ — a text agreed by all participants. Although they are not binding, the European Commission follows up and may introduce new legislative proposals as a result
The Commission
Part political body and part administration, which leads to confusion about its exact nature. Unlike other EU bodies, it is permanent and is therefore the institution that is most often identified with the EU. The Commission has four responsibilities that are central to the EU’s operation: it proposes legislation designed to implement the objectives outlined in EU treaties; it manages EU policy and the EU budget; it acts as the guardian of the treaties, monitoring compliance with EU law and referring suspected cases of non-compliance to the Courts; and it represents the EU in external trade negotiations.
European Parliament
the second of the EU’s two law-making bodies. It also has appointment and dismissal powers over the Commission and forms the budgetary authority of the EU with the Council of the European Union.
Court of the Justice of the European Union
is responsible for ensuring that ‘in the interpretation and application of the Treaties the law is observed’. It decides whether member governments or other public authorities in the member states have fulfilled their obligations under EU law, reviews the legality of EU laws, and offers on request from national courts interpretations of questions of EU law.
Preliminary rulings
a decision rendered by the CJEU on a question referred by a court or a tribunal of a member state on the interpretation of Union law or the validity of a Union act
Sources of EU Law
There are three sources of EU law: primary
law, general principles of EU law and secondary law (detailed in the hierarchy of norms). The main sources of primary law are the treaties establishing the EU: the TEU, the TFEU and the Treaty on the European Atomic Energy Community (Euratom)
Treaties
European Communities Act 1972- Individuals can rely on treaties to enforce EU Law.
Regulations
Article 288- TEFU The EU has the power to issue regulations which are binding in every respect and directly applicable in each Member State.
Directives
These are issued by the EU and direct all member states to bring in the same laws throughout all the countries.
Direct effect
Where member states have not implemented a directive within the time.
Vertical effect direct
Vertical direct effect- where the individual can claim against the state even when a directive has not been implemented
Horizontal direct effect
Directives which have not been implemented do not give individuals rights. You cannot claim against an individual.