Law Of The European Union

Question 1

Full Functions Of The Commission

Answer 1

1. Puts forward proposals for new laws to be adopted by parliament and the council
2. ‘Guardians of the treaties’- ensures treaty provisions are adopted and properly implemented by the union, if member state fails then commission can intervene and refer to CJEU
3. Responsible for the administration of the EU and it has powers to implement the unions budgets and supervise how money is spent.

Question 2

Functions Of The Commisson

Answer 2

-Proposals for new law
-Guardians of the treaties
-Administration and supervise

Question 3

Members Of The European Parliament

Answer 3

-Members elected by citizens from each member state
-Cab co-legislate on an equal footing with the council in most areas

Question 4

Council Of The EU

Answer 4

This is the principal law and decision making body of the European Union
-Negotiates, amends and adopts laws
-Consists of members from each MS, Foreign Minister is usually a country’s main representative

Question 5

CJEU

Answer 5

-One judge from each member state
-Decide whether member state have failed in obligations
-Rules on points of European law when cases are referred to it under ARTICLE 267 TFEU

Question 6

Sources of EU law

Answer 6

1. Primary Legislation - Treaties
2. Secondary Legislation - Passed by EU institutions under ARTICLE 288 TFEU

Question 7

Treaties

Answer 7

1. Treaty of Rome
2. Treaties of Accession
3. Maastrict Treaty
4. Treaty of Lisbon

Question 8

Treaty of Rome

Answer 8

Established the common wealth market which eventually becomes the European Union

Question 9

Treaties of Accession

Answer 9

When a new member joins the EU this is signed

Question 10

Maastrict Treaty

Answer 10

Shared European Union citizenship and attempted single currency

Question 11

Treaty of Lisbon

Answer 11

Amended Treaty of Rome and Maastrict

Question 12

Impact of EU Law on UK Law

Answer 12

A citizen of a member state can rely on directly applicable law contained in treaties and regulations to enforce their rights as they automatically become part of the law in member state

Question 13

What is a directive

Answer 13

A legislative act that sets out a goal that all EU countries must achieve within a certain amount of time, CONSUMER RIGHTS DIRECTIVES 2011/83

Question 14

Directives

Answer 14

Under EU law member sets have to imply directives into their own legislation
-Usually a time limit, failure means MS is in breach of their obligations
-Once directive is written individuals can rely on their rights under notational law
-If done incorrectly individuals have the right to hold the directives against the MS
-Directives do not have direct effect between private bodies (FRANCOVICH)

Question 15

Direct Effective

Answer 15

An EU law that an individual can rely on an authority for their own case. This applied to laws in treaties and regulations

Question 16

Vertical Directive Effective

Answer 16

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

Question 17

Horizontal Directive Effect

Answer 17

Individuals can rely on it to claim against another individual or business

Question 18

Indirect Effect

Answer 18

Member state fails to implement a directive correctly or not at all

Question 19

EU Regulations

Answer 19

-Issued by the European council under ARTICLE 288, become a part of domestic law with no further legislation required
-Confirmed in RE: TACHOGRAPHS COMMISSION V UK ‘binding in every respect and directly applicable
-Must be passed even if MS has passed a conflicting law (LEONISIO V ITALIAN MINISTER IF AGRI AND FORESTRY)

Question 20

RE: TACHOGRAPHS COMMISSION V UK

Answer 20

-Regulations are; Binding in every respect and directly applicable in each member state

Question 21

LEONISIO V ITALIAN MINISTER OF AGRICULTURE AND FORESTRY

Answer 21

Must be applied even if member state has passed a law which conflicts with them

Question 22

What Effect Do Regulations Have

Answer 22

Vertical and Horizontal Direct Effect

Question 23

Parliamentary Sovereignty

Answer 23

EU law takes precedence over national law of every member state;
1. First establishes in (VAN GEN DES LOOS)
2. In (COSTA V ENEL) CJEU decided that even if there was a later national law it did not take precedence
3. (FACTORTAME) CJEU states that the UK could not enforce the merchant shipping act 1988 bc it went against treaty of Rome

Question 24

Conflict of Supremacy

Answer 24

No member state can rely on its own law if its in conflict with EU law
-As the UK left, Parliament regained sovereignty so can pass any laws