Law of the European union

Question 1

How was the European union created

Answer 1

Through the Treaty of Rome in 1957

Question 2

What happens when you join the EU

Answer 2

You accept that EU law has supremacy over your national law

Question 3

Explain the commissioner as a member of the EU

Answer 3

One from each state, they are appointed on a 5 year term, can only be removed by a vote from parliament and they each head a department with a special responsibility

Question 4

What do the commissions do

Answer 4

Put forward proposals for new laws, ensures treaties are adopted and properly implemented and administrate the budget and help decide how the money will be spent

Question 5

How is parliament proportional

Answer 5

The population of your country depends how many seats you will get, so the bigger countries are better represented

Question 6

What do the MEPs form

Answer 6

Form political groups within European parliament

Question 7

How are the MEPs elected

Answer 7

Every 5 years there are local elections

Question 8

What is the function of the European parliament

Answer 8

Implement international law, Admit new members, propose legislation, Approve/reject proposals by the commission

Question 9

What is the council of the EU

Answer 9

Principle law and decision making body of the EU

Question 10

Who does the council work alongside with

Answer 10

EU parliament

Question 11

What does the council of the EU do

Answer 11

Negotiates, Amends and adopts laws

Question 12

What is the CJEU

Answer 12

Court of justice of the EU that sits in Luxembourg

Question 13

Who are appointed in the CJEU

Answer 13

Judges appointed from the highest judicial posts in the member states or leading academic lawyers

Question 14

What article states who sits in the CJEU

Answer 14

Article 253 of the TFEU

Question 15

How long are judges appointed for

Answer 15

6 years

Question 16

How many judges are there from each member states

Answer 16

1

Question 17

Who selects the president of the court

Answer 17

They are self selected

Question 18

What do the judges of the CJEU do

Answer 18

Research all legal points, Present publicly, Impartiality, Independence on cases submitted to court

Question 19

What are the functions of the CJEU

Answer 19

Hear cases to decide if member states have failed to fulfil obligations of EU treaties, Hear references from national courts for parliamentary rulings on point of EU law, Decisions are biding in all member state courts

Question 20

What does article 19 of the TEU state about the functions of CJEU

Answer 20

court must ensure that in the interpretation and application of the treaty, the law is observed uniformly in all member states

Question 21

What is the TEU

Answer 21

The treaty of Lisbon- this amended the treaty of Rome

Question 22

What is an example of primary legislation

Answer 22

Treaties

Question 23

What is an example of secondary legislation

Answer 23

Legislation passed by the EU institutions that’s made up of regulations, directives and decisions

Question 24

The legislation passed under secondary legislations falls under what act

Answer 24

Article 288 TFEU (treaty of the functioning of the European union)

Question 25

What are directives

Answer 25

A legislative act that sets out a goal that all EU countries must achieve within a specific time

Question 26

Who’s responsibility is it to enforce the directive

Answer 26

The member states are responsible for bringing it into effect to align with the goal

Question 27

What do directives achieve

Answer 27

Harmonization of laws between all member states

Question 28

What are the 3 ways of implementing a directive

Answer 28

Statutory instruments, Act of parliament, Orders in council

Question 29

What happens if a directive hasn’t been implemented within the time frame

Answer 29

Breached their obligation

Question 30

What happens once a directive is written

Answer 30

An individual can rely on their rights

Question 31

What happens if the directive is done incorrectly

Answer 31

An individual has the right to hold the directive against the member state

Question 32

What is an example of when a directive was used

Answer 32

Consumer rights directive 2011

Question 33

What are the 3 types of direct effects

Answer 33

Vertical, Horizontal, Indirect

Question 34

What is direct effect

Answer 34

An EU law that an individual can rely on as authority for their own case

Question 35

Where can direct effect be applied

Answer 35

In treaties and regulation

Question 36

What is a vertical direct effect

Answer 36

Where an individual can claim against an emanation of the state (an arm) when a directive has not been implemented in a defective way

Question 37

What is the horizontal direct effect

Answer 37

An individual can rely on it to claim against another individual or business, directives however are usually incapable of this

Question 38

What is an indirect effect

Answer 38

Member state has failed to implement a directive either correctly or not at all

Question 39

What is the impact of EU law on the UK

Answer 39

An individual can rely on treaties and regulations to enforce their rights, Parliaments power is taken away as the Eu has supremacy, Purposive approach created by the EU predominantly to allow broader EU laws to be interpretated

Question 40

What are the regulations the EU have implemented

Answer 40

Applied throughout the EU and become part of domestic law with no further legislation required

Question 41

What happens if a member states individual law conflicts with EU law

Answer 41

They cannot rely this law

Question 42

What happened when the UK left the EU

Answer 42

Parliament gained supremacy again and they could now implement law that contradict the EU

Question 43

What case established Parliamentary Supremacy

Answer 43

Van Gen Der Loos

Question 44

What treaty is signed when a new member joins the EU

Answer 44

Treaty of Accession

Question 45

What treaty attempted to implement a unique currency and citizenship

Answer 45

Treaty of the European Union 1992