Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Understanding Law > Lecture 5: European Union Law > Flashcards

Lecture 5: European Union Law Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

History of the EU:

A
  • Treaty of Rome 1957: Creation of the European Economic Area
  • UK become a member of the European Community in 1973
  • Single European Act 1986- harmonization of law across member states
  • 1992- with the Maastricht Treaty the ‘European Economic Community’ (EEC) was renamed ‘European Community’ (EC)
  • Maastricht Treaty- establishment of the ‘EU 3 pillars’: the European Community, Common Foreign Security Policy, and Police and Judicial Co-operation in Criminal Matters
  • Treaty of Amsterdam 1998
  • Treaty of Nice 2003
  • Treaty of Lisbon 2009
  • Two main Treaties: Rome and Maastricht
  • Consolidating Treaties: Merger, Amsterdam, Nice, Lisbon
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The Institutions of the European Union:

A
  1. The European Commission
  2. The Council of Ministers/European Council
  3. The European Parliament
  4. The Court of Justice of the European Union
  5. The General Court
  6. European Court of Human Rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The European Commission:

A
  • Represents and uphold the interest of the EU as a whole
  • Proposes new laws based on the principles of subsidiarity and proportionality.
  • Enforcement of European law (together with the court of justice). It can act against EU member states that are in breach of their obligations under treaties or failure to implement EC legislation
  • Managing and allocating EU funding
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The Council of Ministers/The Council of European Union:

A
  • Sets criteria for EU membership
  • Shares responsibility with European parliament for passing EU laws.
  • Develops EU foreign and defence policies (including policing EU’s borders and fighting against terrorism and organized crime.
  • With the Parliament it approves EU budget
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The European Parliament:

A
  • Directly elected
  • 750 members of Parliament and 1 President
  • UK has 72 MEPs
  • Exercises supervision on other EU institutions
  • Debates and adopts EU budget
  • Together with the Council it debates and passes new laws.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The cases brought before the CJEU fall into certain categories:

A

1) Preliminary rulings
2) Failure to fulfil an EU obligation
3) Actions for annulment
4) Actions for failure to act
5) Direct Actions
6) Appeal to the General Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The CJEU consists of three courts:

A
  1. Court of Justice: 28 judges (one from each MS) and 8 advocates-General
  2. General Court: 28 judges (no permanent)
  3. Civil Service Tribunal: 7 judges
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The European Court of Human Rights (ECHR):

A
  • Established in 1959 for individuals who has exhausted the remedies available in their domestic courts for breaches of the convention rights
  • The individual’s right to petition the ECHR became available to UK citizens in 1966
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

European Convention on Human Rights:

A
  • Created by the Council of Europe and partly based upon the 1948 UN declaration of Human Rights
  • In 1950 the UK government ratified the Convention which came into effect in 1950
  • HRA 1998
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The General Court deals with:

A
  • Direct actions against the institutions, bodies, offices or agencies of the European Union
  • Action brought by the member states against the commission
  • Actions brought by member states against the council relating to acts adopted in the field of state aid
  • Appeals, limited to point of law, against decisions of the European Union Civil Service Tribunal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

European Council:

A
  • Formed by the Heads of State or Government of the Member States
  • President has a mandate of thirty months, which is renewable once
  • Defines the general political direction and priorities of the EU, but do not have a legislative function (Article 15(1) TEU)
  • Defines the principles of, and general guidelines for, the Common Foreign and Security Policy (CFSP) and decides on common strategies for its implementation (Article 26 TEU)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Sources of EU law:

A
  • Primary sources (founding Treaties –e.g. the Treaty on European Union)
  • Secondary sources (unilateral acts, conventions, and agreements)
  • Supplementary law (case law of the CJEU, international law, general unwritten principles)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

EU and national Law:

A

• EU law has been incorporated into domestic law (European Community Act 1972 s. 2)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Supremacy of EU law:

A

“1. The functioning of the Union shall be founded on representative democracy
2. Citizens are directly represented at Union level in the European Parliament […]
3. Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen
4. Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union”
Article 10, TEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Direct applicability:

A
  • A EU law is directly applicable if it automatically becomes part of the domestic law on an EU member state without the need of enacting further legislation.
  • Concern with the incorporation of EU law into the domestic legal system of member states
  • ( s. 2 (1) of the European Communities Act 1972 (ECA))
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Direct effects:

A
  • EU law is directly effective if it creates rights upon which the individual may rely in their national court (rights that are enforced by national courts)
  • It is concerned with the enforceability of EU law in domestic courts
17
Q

There are three situations necessary to establish direct effects of EU law:

A

1) The provision must be sufficiently clear and precisely stated
2) It must be unconditional and not dependent on any other legal provision
3) It must confer a specific right upon which a citizen can base a claim

18
Q

Vertical direct effect:

A

• Concerns the relationship between EU law and national law – specifically, the state’s obligation to ensure its observance and its compatibility with EU law, thereby enabling citizens to rely on it in actions against the state or against public bodies

19
Q

Horizontal direct effect:

A
  • Concerns the relationship between individuals (including companies). Citizens are able to rely on EU law in actions against each other.
  • Certain provisions of the treaties and legislative acts such as regulations are capable of being directly enforced horizontally.
20
Q

Horizontal direct effect:

A
  • Concerns the relationship between individuals (including companies). Citizens are able to rely on EU law in actions against each other.
  • Certain provisions of the treaties and legislative acts such as regulations are capable of being directly enforced horizontally.
21
Q

Indirect Effect:

A

• Member states of the EU are required to interpret national law in line with provisions of EU law.

22
Q

EU provisions:

A
  • Treaty Articles: directly applicable/direct effect (s. 2(1) of the European Community Act 1972)
  • Regulations: ‘…should have general application [and] shall be binding in its entirely and directly applicable in all member states’. (art. 288 TFEU)
  • Directives: ‘A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authority the choice of form and methods’ (art. 288 TFEU)
  • Decisions: ‘…shall be binding in its entirety upon those to whom it is addressed’ (art 288 TFEU)
  • Recommendations: not legally binding (member are required to interpret domestic law in light of EU recommendations).
  • Opinions: have no legal authority but it may be a precursor to legal proceeding
23
Q

Article 50 TEU (Lisbon Treaty):

A

“1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements

  1. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
  2. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
  3. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

  1. If a State which has withdrawn from the Union asks to re-join, its request shall be subject to the procedure referred to in Article 49.”
24
Q

Article 50 TEU (Lisbon Treaty):

A

“1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements
2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

  1. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

  1. If a State which has withdrawn from the Union asks to re-join, its request shall be subject to the procedure referred to in Article 49.”
25
Q

Article 50 and Brexit:

A
  • In March 2017, the UK government trigged art. 50 (after the referendum of June 2016)
  • Under article 50 TEU, the Parliament must approve the Brexit agreement by a majority (R (Miller) v Secretary of State for Exiting the EU 2017)
  • There will be a two-years negotiation period (which may be extended with the agreement of the European Commission)
  • The final agreement should be approved by the UK and by 20 member states
  • The agreement will then need the approval of the European Parliament
26
Q

Who will be involved in the negotiations of Brexit?

A

The European Council

The Council of the European Union

The European Commission

The European Parliament

27
Q

What will be negotiated regarding Brexit?

A
  • The rights of EU citizens living in the UK and of UK citizens living in the EU
  • The closure and re-location of EU agencies currently based in the UK
  • Access to EU agencies that play a role in UK domestic law, such as the European Medicines Agency
  • How to allocate unspent funds due to be received by UK regions and farmers
  • Cross-border security arrangements
  • Transfer of regulatory responsibilities
  • Arrangements for contracts drawn up in accordance with EU law
  • Access to the EU single market
28
Q

Brexit and the Single Market:

A

o The concept of a common market involves the elimination of all obstacles to intra-community trade (elimination of all import and export duties, free movement of production factors - labour, capital and services). [Treaty of Rome, s. 2(1)]
o The creation of a single/common market requires the free movement of goods, people, capital and services

29
Q

Advantages of the Single Market:

A
  • increases choice for consumers (and businesses);
  • lowers costs for both consumers and businesses;
  • enables firms to access larger markets and specialise,
  • creates additional competitive pressure, which pushes up productivity
30
Q

UK Options for access to the single market:

A

1) Membership of EEA
2) Free Trade Agreements (FTA)
3) Rely on WTO (World Trade Organization) rules on trade

Understanding Law (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions