Laws Flashcards
Does EU take supremacy over conflicting national law
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
Monist v dualist system
Monist - no need to incorporate
Dualist - need incorporating
U.K. - dualist. Incorporates EU law using ECA 1972 s2
EU supremacy after brexit
Supremacy won’t appply to EU law made on or after brexit
What is direct effect
Gives rise to rights in which individuals can rely directly in the national court
Indirect effect
National law must be interpreted in accordance with relevant EU leg
Direct effect of treaties and regulations
Horizontal and vertical direct effect if sufficiently clear, precise and unconditional
Direct effect of directives
Vertical direct effect only if sufficiently clear, precise and unconditional and deadline has passed
In what areas does the EU have exclusive competence
Customs union and competition
What is the citizens initiative
Allows citizens to directly request the commission to initiate proposals within an area of eu competence
Subsidiarity
Decisions to be taken as closely as possible To the citizen
How can national parliaments scrutinise proposed EU legislation as part of the ordinary legislative proceedure
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
What is the legal base
The treaty article conferring the power to legislate in that area
The steps in the ordinary legislative proceedure
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
What is a leg act
Adopted under leg proceedure
What is a non- leg act
Adopted by the commission under delegated powers
Force of protocols
They have treaty status
Force of declarations
Not binding may assist interpretation of EU law
Who do regulations bind and how are the encorporated in national law
All MS
Directly applicable - no intervention needed
Who do directives bind and how are the encorporated in national law
The addressees
National authority must implement directive using leg by deadline
Who do decisions bind
Addressed to specific MS or individuals
Are recommendations and opinions legally binding
No
Who is bound by a court of justice decision
All MS including national courts
Who is bound by charter of fundamental rights
It has the same value as treaties but protocol 30 U.K. opt out
How can a MS withdraw from EU
Give notice to council under article 50 TEU
Two stages of article 50 withdrawal
- Arrangements for withdrawal
2. Future relationships
Turkey
Customs union
Free movement of goods only
Switzerland
Limited access to single market
Free movement
Norway
Full access to single market
Free movement
Canada
Single market
Services sector only partially covered
WTO rules
No free movement
Trade in services restricted
Meet EU standards to trade goods with EU
Effectiveness
National procedures and rules must not make claim in EU law impossible or excessively difficult
Equivalence
National proceedure and rules cannot be less favourable to EU law actions
Directly applicable
Automatically part of national law without further enactment - regs and treaties but not directives
Directly effective
EU law which is directly enforceable by individuals in national courts
What is a public body when bringing a vertical claim using direct effect
Special powers
Made responsible by state for providing public service
Under control of state
Indirect effect
National law must be interpreted in accordance with relevant EU law
So far as possible
Can a directive have indirect effect
Deadline must have passed to rely on a directive using indirect effect
