Law of the European union Flashcards
How was the European union created
Through the Treaty of Rome in 1957
What happens when you join the EU
You accept that EU law has supremacy over your national law
Explain the commissioner as a member of the EU
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
What do the commissions do
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
How is parliament proportional
The population of your country depends how many seats you will get, so the bigger countries are better represented
What do the MEPs form
Form political groups within European parliament
How are the MEPs elected
Every 5 years there are local elections
What is the function of the European parliament
Implement international law, Admit new members, propose legislation, Approve/reject proposals by the commission
What is the council of the EU
Principle law and decision making body of the EU
Who does the council work alongside with
EU parliament
What does the council of the EU do
Negotiates, Amends and adopts laws
What is the CJEU
Court of justice of the EU that sits in Luxembourg
Who are appointed in the CJEU
Judges appointed from the highest judicial posts in the member states or leading academic lawyers
What article states who sits in the CJEU
Article 253 of the TFEU
How long are judges appointed for
6 years
How many judges are there from each member states
1
Who selects the president of the court
They are self selected
What do the judges of the CJEU do
Research all legal points, Present publicly, Impartiality, Independence on cases submitted to court
What are the functions of the CJEU
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
What does article 19 of the TEU state about the functions of CJEU
court must ensure that in the interpretation and application of the treaty, the law is observed uniformly in all member states
What is the TEU
The treaty of Lisbon- this amended the treaty of Rome
What is an example of primary legislation
Treaties
What is an example of secondary legislation
Legislation passed by the EU institutions that’s made up of regulations, directives and decisions
The legislation passed under secondary legislations falls under what act
Article 288 TFEU (treaty of the functioning of the European union)
What are directives
A legislative act that sets out a goal that all EU countries must achieve within a specific time
Who’s responsibility is it to enforce the directive
The member states are responsible for bringing it into effect to align with the goal
What do directives achieve
Harmonization of laws between all member states
What are the 3 ways of implementing a directive
Statutory instruments, Act of parliament, Orders in council
What happens if a directive hasn’t been implemented within the time frame
Breached their obligation
What happens once a directive is written
An individual can rely on their rights
What happens if the directive is done incorrectly
An individual has the right to hold the directive against the member state
What is an example of when a directive was used
Consumer rights directive 2011
What are the 3 types of direct effects
Vertical, Horizontal, Indirect
What is direct effect
An EU law that an individual can rely on as authority for their own case
Where can direct effect be applied
In treaties and regulation
What is a vertical direct effect
Where an individual can claim against an emanation of the state (an arm) when a directive has not been implemented in a defective way
What is the horizontal direct effect
An individual can rely on it to claim against another individual or business, directives however are usually incapable of this
What is an indirect effect
Member state has failed to implement a directive either correctly or not at all
What is the impact of EU law on the UK
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
What are the regulations the EU have implemented
Applied throughout the EU and become part of domestic law with no further legislation required
What happens if a member states individual law conflicts with EU law
They cannot rely this law
What happened when the UK left the EU
Parliament gained supremacy again and they could now implement law that contradict the EU
What case established Parliamentary Supremacy
Van Gen Der Loos
What treaty is signed when a new member joins the EU
Treaty of Accession
What treaty attempted to implement a unique currency and citizenship
Treaty of the European Union 1992
