Relations between Branches Flashcards

Question

Aims of the EU (5)

Answer 1

Promote **peace** Offer **freedom** **security** and **justice** to its citizens Offer a **highly** **competitive** **market** **economy** with _employment_, _social progress_ and _environmental protection_ Establish an **economic union** in which the currency is the **euro**. Combat discrimination by promoting a **diversity of cultures.**

Answer 2

**European Economic Community (EEC)** set up by the **Treaty of Rome in 1957.** Aimed for *pooled sovereignty* and to have a greater political influence as a group. **Maastricht Treaty 1992** - _created EU,_ EU citizenship and free movement created + common foreign and security policy. **Treaty of Nice 2000** - increased scope of **qualified majority voting.** **2002**: **Euro** comes into **circulation**. Overall Aim: *"Peace prosperity and liberal democracy."*

Answer 3

1) **Free movement of workers:** Gives EU nationals right to work in any EU member state. most controversial in Brexit debate. 2) **Free Movement of Goods**: removal of customs duties, create an area without internal borders so goods can move as if it was country. 3) **Free movement of Capital**: capital payments can move freely between each member state. 4) **Free movement of services:** allows EU companies to set up in other EU countries and provide a service there.

Answer 4

**Enshrines rights** all **EU workers** can claim rights in _health_ and _safety_, _freedom_ from _discrimination_, _working_ _conditions_ etc.

Answer 5

Signed in the **Treaty of Lisbon** _no longer affects us as no longer part of EU_

Answer 6

**1992** Established **EU citizenship** and _free movement_ as well as changing name from _ECC to EU._ **2002** - **euro** **comes** **in** **2021** - 19/27 countries are currently in the Euro.

Answer 7

**Lisbon treaty 2007**, gives **EU legal identity** so they can _negotiate on equal terms with nation states_ and an EU diplomatic service. Also established _full time president of EU council,_ **Charles Michel** - to represent the EU with other world leaders.

Answer 8

**Encouraged democracy** in former communist states. Expanded from **6 to 28/27 states.** Provided global lead in fighting **climate change.** Euro is the world's **2nd reserve currency**. EU is worlds **2nd biggest economy**. 4 freedoms have made the EU the **biggest single market** in the world, giving citizens the right to work in any other member state. **Entrenched civil liberties** in European Law.

Answer 9

Freedom of movement has encouraged a **rise in populist parties** fighting 'foreign' competition. Commitment of _ex**-**communist states to democracy_ is **questioned.** EU's **austerity** programmes in certain countries have **reduced** **support** for them. Migrant crisis has exposed **tension** between **liberal** countries such as _Germany and France_ and **defensive** _Italy and Hungary_. **Little sense of European identity.**

Answer 10

Around **40% of UK's trade is with the EU.** Membership of the **single market** (but **_not the single currency,_** the Euro**_)_** has affected the UK's ability to control free movement. **Immigration policy:** the UK has to accept EU nationals to work. **Agriculture and Fisheries;** *Common Fisheries Policy and Common Agricultural Policy.* Welfare, health and Education **have not** really been affected.

Answer 11

**Factortame Case 2000.** Regarding the compatibility of UK and EU law. Spanish fishermen argue that the UK Gov had breached EU law by creating the **Merchant Shipping Act 1998** which stated that boats in UK waters must be registered and owned in the UK. This contradicts the ***Common Fisheries Policy*** and when UK joined EU they submit to EU codified laws, this law was there before UK joined EU.

Answer 12

UK gov are expected to **enforce EU (community)** law but **essentially _not_ to legislate in _conflict_ with it.** Law Lords decided that if UK _does not like EU law_, they should _not have joined EU._ EU law is **higher** as it is **codified** so something to rule on.

Answer 13

**2002** - market vendors prosecuted for not using metric(Eu) measurements as required because of the **European Communities Act 1972.** They argued they did not have to comply as the **1985 Weights and Measures Act** had *implicitly repealed this clause of the ECA*. Because of the **Doctrine of Implied Repeal,** _no Gov could bind a future Gov._ Lords disagreed stating that there are some ***'constitutional statutes' or 'higher laws'*** that have to be **_explicitly repealed_** instead of implicit and therefore the _ECA is still in tact._

Answer 14

Some argued it **challenged Parli Sov** but it **didnt actually** it just asserted Parli must **explicitly repeal**, but **they can still repeal**. Parli must also **_accept a hierarchy of acts._**

Answer 15

goes from **1.5% to 5%** (2004 when Eastern european countries joined EU.) UK's fault as most countries put a **7 year delay** on certain countries to be able to have **free movement** so their **economies could grow first** but the **Uk** **didnt** because they needed workers EU workers are on _avergage more skilled_ and therefore _higher_ _paid_ than average UK worker. They are also **_paying a lot more in Tax than they claim in Benefits_**, UK nationals claim a lot more benefits than EU.

Answer 16

That _domestic law_ can be used to _implement_ **community law** **but not conflict it**

Answer 17

That the **SC can decide on what is constitutional law,** making a hierarchy of laws and _UK gov cant use implicit repeal on constitutional laws._

Answer 18

**Redefined parliamentary sovereignty.** (using in EU essay question) Not an inherently EU issue as **it wasn't EU v UK** law but if it wasn't for EU membership it wouldn't have happened.

Answer 19

UK Joined **EC** (Economic community) in **Jan** **_1973_**. Harold Wilson held referendum on EU membership in **1975** and voted to **_stay_** with a **_67_% majority.** In **2016** We voted to leave with **52%.** **72**% of MPs **opposed** Brexit.

Answer 20

Brexit General Election Referendums

Answer 21

Parliamentary Sov No higher law Laws bind public Referendums are not binding only advisory Policy affects public set spending policy.

Answer 22

ECHR Factortame case Qualified Majority voting Pooled Sovereignty social chapter.

Answer 23

Brexit Can suspend part of the ECHR.

Answer 24

**Executive** - Judicial Review **Parliament** - Statements of Incompatibility.

Answer 25

**The Social Chapter** was the most significant EU measure to **_protect workers rights._** When _Blair_ came in in 1997, one of Labour's first actions was to _sign up to the Social Chapter._ This included: *Right to paid annual holidays, Parental leave, Equal rights for part-time as full-time, Led to the minimum wage, limited working hours.*

Answer 26

Means Westminster has to consult, *Edinburgh*, *Belfast*, *Cardiff* in Brexit Negotiations. NI and Scotland voting to remain in the EU has led to a **complicated UK relationship** with more and **_more independence calls from Scotland._**

Answer 27

**Tories**: **internally split** over the EU for decades. **UKIP**: EU issue **gave rise to their party** which in **2014** won **24** seats in the **European** elections. **Labour**: Divided but **mainly** **remain**. Divisions in the party caused _Wilson to renegotiate membership with EC in 1974_ and have a referendum in 1975. **Lib Dem:** Very pro-EU.

Answer 28

There is a debate that EU membership has affected parli sov. _EU law took precedence over UK law as was shown by the **Factortame case.**_ The greater use of **Qualified majority voting** instead of a national veto further **lessened sovereignty.**

Answer 29

A mechanism used within the European Council and Council of the EU to take decisions **without the need for unanimity** but which go beyond a **simple majority** of members.

Answer 30

UK has always been the awkward member of the EU due to major **Euro-scepticism** as well as **geographical differences** and no major sense of **European identity** in the UK.

Answer 31

It refers to that person or body of persons who legislate and their laws our final (obeyed by everyone) They by law, have the **power to issue final commands. (parliament)** _The absolute right that every parliament has to enact whatever legislation it chooses._ Although Parliament's sovereignty has been given to it by the people, once it legislates **there can be no power greater than an act of parliament.** Everyone must follow.

Answer 32

Refers to the **sovereignty exercised by the public**. This is the ultimate form of sovereignty since the _legislature and executive depend on the consent of the public to govern._ At each general election the British public reclaim their sovereignty when they choose their MPs. Eg **2016 EU referendum.**

Answer 33

Form of **legal** Sovereignty Means parliament has ability to **make or unmake or remove any law it wishes.** **_No parliament can bind its successors._** _No other institution can challenge an act of parliament, Power that has been transferred can be reversed._ eg devolution. **Absence of codified constitution means there is no higher authority than parliament.**

Answer 34

**EU law takes primacy over all UK law.** EU does not need prior approval of Parliament. **_BUT_** The Uk will leave EU and parliament will be sovereign. Some argue membership of EU **enhanced political sovereignty** as the Uk **pooled its sovereignty** with other nations and enjoyed **benefits** and **rights** that were not in the power of the UK parliament.

Answer 35

Limits parliament as devolved powers have **_control_** over their own things. Lots of **_policy_** **_differences_** - eg covid, free uni etc. **_BUT_** UK Remains unitary state, still legal Sovereignty of parliament. Parliament retains the right to make laws on any matter. Devolved powers can be restored to London.

Answer 36

Judges have had the power to review cases and declare acts **incompatible** since its introduction. It requires Judges to interpret all UK laws, to be compatible with ECHR. **_BUT_** The UK supreme court cannot strike down laws. The HRA can be **explicitly** **repealed**. the UK could **withdraw** from ECHR

Answer 37

- In democracy, the people hold ultimate power Parliament need to be sensitive to the wishes of the electorate. The Brexit ref saw Popular Sov triumph. **_BUT_** Popular Sov is not absolute, parliament can ignore a referendum. Many MPs and Lords voted against triggering Article 50 in defiance of the referendum.

Answer 38

Our **fused executive and legislative** means that **in practice the executive is sovereign.** A PM with a **large majority** in the commons can enjoy considerable power. - elective dictatorship Eg *Blair not losing a vote between 1997-2005*. **_BUT_** its elected... this is never a constant permanent situation. it swaps. **Parliament** needing to trigger **article** **50** shows the **limit on executive power.** only parliament could repeal or amend constitutional laws.

Answer 39

**Implicit** - Where an Act conflicts with an earlier one, the first one is automatically repealed by the latest one **Explicit** - With certain constitutionally ***"higher laws"*** eg HRA or EU membership they must be repeaed by a parliamentary vote.

Answer 40

**2020** Man took his case to the Court of Appeals claiming that the government had acted ***ultra vires*** in their decision to f_orce shops and schools to close due to the pandemic._ He believed it was a violation of the **HRA** as it **enfringed on civil liberties.** High court and Court of Appeals disagreed.

Answer 41

**2021** Claimed the Hancock was **failing to comply with the government's transparency policy** when procuring PPE High Court also ruled that tory MPs were awarding friends' companies with PPE

Answer 42

Claimed that the government's handling of positive covid cases in care homes violated articles of the **ECHR** and **HRA**. Also that her father who died in the pandemic had been discriminated against in definace of the **2010 Equality act**