PL 10: EU Law

Question 1

History of EU Membership

Answer 1

European Coal and Steel Community
European Economic Community
European Atomic Energy Community

Three communities, joined 1st January 1993

Question 2

EU established in

Answer 2

1993

Question 4

UK left the EU

Answer 4

31st January 2020

Question 5

The bulk of EU law was retained by:

Answer 5

European Withdrawal Act 2018

Question 6

Sources of EU Law

Answer 6

• Primary Sources
• Secondary sources and acts
• Tertiarty Acts
• Case Law
• International agreements
• Non-binding acts (soft law)

Also overarching legal principles derived from EU treaties and case law

Question 7

Primary sources of EU Law

Answer 7

Treaties and Charter of Fundamental Rights

• Treaty on the Functioning of the EU (TFEU)
• Treaty of European Union (TEU)

Question 8

European Convention on Human Rights is not….

Answer 8

An EU Treaty

Question 9

The Charter of Fundamnetal Rights

Answer 9

Adopted in 2000
* Formal legal recognition by Lisbon Treaty 2007
* Art 6(2) into TEY
* Art 6(1) Same legal status as treaties
*Art 52 does not confer, extend or modify any powers
Although more limited in its application

Question 10

Regulation

Answer 10

Article 288 TFEU
* Secondary acts
Regulations are

Question 11

Regulations

Answer 11

• Article 288
  TFEU
• EU to undertake secondary acts

** a regulation shall have general applications. It shall be binding in its entirety and directly applicable in all member states **

Question 12

Directive

Answer 12

Secondary legistlation
Art 288 TFEU
Directive binding as to the result achieved.

Question 13

Implementation of directives

Answer 13

Member states enact their own legal measures to incorporate in national law.

Typical deadline is 2 years.

However if not specified int will be 20 days

Question 14

Decisions

Answer 14

• secondary act
• Art 288 TFEU
• Binding in its entirety
• Considered to be secondary legislation if adopted using legislated procedure

Question 15

Tertiary Acts

Answer 15

Two forms of tertiary act
* Delegated Acts
* Implementing Acts

Question 16

Tertiary Acts - Delegated Acts

Answer 16

Art 290 TFEU enables EU secondary legislation (regulations, directives and decisions) to delegate the power t0 the European Commission.

Question 17

Tertiary Acts - Implementing Acts

Answer 17

• Article 291(2)
  Enables EU Acts to confer on the European COmmission the power to adopt acts for implementing those legal binding EU acts where uniform conditions for implementation are jeeded.

Question 18

Case Law

Answer 18

Judgments of the EU courts in the cases they decide provide further source of EU

Court of Justice of the European Union (CJEU)

Question 19

No appeal from national courts to EU courts….

Answer 19

National states can make preliminary references to the CEUJ.
CEUJ can make a preliminary ruling
Up to national court to apply the ruling

Question 20

International agreements/
Treaties

Answer 20

Article 47 TEU confers legal personality on the EU

Article 216(1) TFEU empowers EU to enter international agreements that are binding.

Other provisions of the TEU and TFEU provides further powers to enter into international agreements.

Question 21

Non-binding acts (“soft law”)

Answer 21

Institutions of the EU may also undertake acts which are not binding on anyone.

• Article 288 TFEU provides for the institutions to be able to make recommendations and deliver opinions.
• Communications; declarations; notices; programmes and resolutions

Question 22

Soft law is misleading

Answer 22

Not forms of law at all