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eu > Laws > Flashcards

Laws Flashcards

1
Q

Does EU take supremacy over conflicting national law

A

Yes according to
Van Gend en Loos
Costa V ENEL
International Handelgensellscgaft GmbH

National courts must set aside national provisions that conflict with EU laws

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2
Q

Monist v dualist system

A

Monist - no need to incorporate
Dualist - need incorporating

U.K. - dualist. Incorporates EU law using ECA 1972 s2

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3
Q

EU supremacy after brexit

A

Supremacy won’t appply to EU law made on or after brexit

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4
Q

What is direct effect

A

Gives rise to rights in which individuals can rely directly in the national court

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5
Q

Indirect effect

A

National law must be interpreted in accordance with relevant EU leg

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6
Q

Direct effect of treaties and regulations

A

Horizontal and vertical direct effect if sufficiently clear, precise and unconditional

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7
Q

Direct effect of directives

A

Vertical direct effect only if sufficiently clear, precise and unconditional and deadline has passed

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8
Q

In what areas does the EU have exclusive competence

A

Customs union and competition

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9
Q

What is the citizens initiative

A

Allows citizens to directly request the commission to initiate proposals within an area of eu competence

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10
Q

Subsidiarity

A

Decisions to be taken as closely as possible To the citizen

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11
Q

How can national parliaments scrutinise proposed EU legislation as part of the ordinary legislative proceedure

A

National parliaments can submit opinions
If 1/3 national parliaments request it then proposal must be reviewed
Is a majority opposed a proposal with back of council or parliament it must be abandoned

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12
Q

What is the legal base

A

The treaty article conferring the power to legislate in that area

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13
Q

The steps in the ordinary legislative proceedure

A

1st reading - parliament gives opinion to council with suggested amendments
If approved then adopted if not then 2nd reading
2nd reading - parliament considers councils position with any amendments. Either rejected, accepted or proposed further amendments which go to council and commission to consider
If council approved amendments it’s accepted if not then it goes to conciliation committee.
Either a joint text is approved or it is abandoned

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14
Q

What is a leg act

A

Adopted under leg proceedure

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15
Q

What is a non- leg act

A

Adopted by the commission under delegated powers

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16
Q

Force of protocols

A

They have treaty status

17
Q

Force of declarations

A

Not binding may assist interpretation of EU law

18
Q

Who do regulations bind and how are the encorporated in national law

A

All MS

Directly applicable - no intervention needed

19
Q

Who do directives bind and how are the encorporated in national law

A

The addressees

National authority must implement directive using leg by deadline

20
Q

Who do decisions bind

A

Addressed to specific MS or individuals

21
Q

Are recommendations and opinions legally binding

A

No

22
Q

Who is bound by a court of justice decision

A

All MS including national courts

23
Q

Who is bound by charter of fundamental rights

A

It has the same value as treaties but protocol 30 U.K. opt out

24
Q

How can a MS withdraw from EU

A

Give notice to council under article 50 TEU

25
Q

Two stages of article 50 withdrawal

A
  1. Arrangements for withdrawal

2. Future relationships

26
Q

Turkey

A

Customs union

Free movement of goods only

27
Q

Switzerland

A

Limited access to single market

Free movement

28
Q

Norway

A

Full access to single market

Free movement

29
Q

Canada

A

Single market

Services sector only partially covered

30
Q

WTO rules

A

No free movement
Trade in services restricted
Meet EU standards to trade goods with EU

31
Q

Effectiveness

A

National procedures and rules must not make claim in EU law impossible or excessively difficult

32
Q

Equivalence

A

National proceedure and rules cannot be less favourable to EU law actions

33
Q

Directly applicable

A

Automatically part of national law without further enactment - regs and treaties but not directives

34
Q

Directly effective

A

EU law which is directly enforceable by individuals in national courts

35
Q

What is a public body when bringing a vertical claim using direct effect

A

Special powers
Made responsible by state for providing public service
Under control of state

36
Q

Indirect effect

A

National law must be interpreted in accordance with relevant EU law
So far as possible

37
Q

Can a directive have indirect effect

A

Deadline must have passed to rely on a directive using indirect effect

eu (8 decks)

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