Sources of English Law ( EU Law )

Question 1

When did the UK join the EU?

Answer 1

1973.

Question 2

What did the EUROPEAN COMMUNITIES ACT 1972 enable?

Answer 2

EU law to become part of English law.

Question 3

In the event of conflict between EU and English law, what reigns supreme?

Answer 3

EU law.

Question 4

When did the UK vote to leave the EU?

Answer 4

23rd June 2016.

Question 5

What are the 5 main EU institutions?

Answer 5

> European council.
> Council of the EU.
> European Parliament.
> European commission.
> Court of justice ( ECJ ).

Question 6

What is the European council?

Answer 6

It is made up of the heads of state of each member, plus the president of the European Commission, it is the highest policy-making body of the EU.

Question 7

How often does the European council meet?

Answer 7

About 4 times per year, to review and agree overall policy.

Question 8

When was the European council created?

Answer 8

In 1974, originally as an informal discussion.

Question 9

What is the council of the European Union?

Answer 9

It is the EU’s main decision making body, and is made up of a minister from each member, and the presidency of the council is rotated every 6 months.

Question 10

What are the council’s main 6 responsibilities?

Answer 10

> Passing EU laws ( jointly with the European Parliament ).
Approving the EU’s budget ( European Parliament ).
Concluding international agreements between the EU and other countries.
Co-ordinating economic policies of member states.
Developing the EU’s common foreign and security policy.
Co-ordinating co-operation between the national courts and police forces.

Question 11

How are decisions made in the council of the European Union?

Answer 11

Decisions made by vote and usually win by majority, but sometimes by unanimous decision.

Question 12

What is the European Parliament?

Answer 12

751 members, elected every 5 years.

Question 13

What is the European Parliament’s 3 main roles?

Answer 13

> Passing European laws ( With council of EU ).
Monitors and supervises the work of other European institutes.
Approves the EU’s budget ( With council of EU ).

Question 14

What is the European Commission?

Answer 14

It is the executive of the EU, and is independent of national governments.

Question 15

What is the role of the European Commission?

Answer 15

To represent the interests of the EU as a whole, and propose legislation to the European Parliament and the council of the EU. It also ensures treaty obligations of members are met, it can fine members for not doing so.

Question 16

What is an example of when the European Commission has fined a member?

Answer 16

COMMISSION OF EUROPEAN COMMUNITIES V UK 2006.

Question 17

What is the Court of Justice of the European Union ( ECJ ).

Answer 17

It’s role is to ensure that EU law is interpreted and applied in the same way in all states.

Question 18

Who makes up the ECJ?

Answer 18

28 judges, one from each member state. It sits in chambers of 15, 5 or 3, supported by 11 advocates general.

Question 19

How are decisions made?

Answer 19

They are made by majority.

Question 20

What is the purpose of the general court?

Answer 20

To assist the ECJ in dealing with a large number of cases, by hearing some cases, it’s decisions can’t be appealed on a point of law.

Question 21

What are the two types of cases that the ECJ hears?

Answer 21

> Direct actions.

> Preliminary rulings.

Question 22

What are direct actions?

Answer 22

Cases that commence in the ECJ, actions that are brought against member states, by member states or when bodies think EU law is illegal.

Question 23

What are preliminary rulings?

Answer 23

This is when the ECJ is called upon to interpret any point of EU law, needed by any member state, the decision made is binding.

Question 24

What are the two sources of EU law?

Answer 24

> Primary.

> Secondary.

Question 25

What are primary sources?

Answer 25

Treaties are agreements between countries.

Question 26

Is a treaty part of UK law once signed?

Answer 26

No, it must be incorporated into an act of Parliament.

Question 27

What are some important treaties and their purposes?

Answer 27

> Treaty of Rome 1957 - It set up the EU.
Treaty of Amsterdam 1997 - Defined EU citizenship and individuals rights in terms of justice, freedom and security.
Treaty of Nice 2003 - Prepared for the EU expansion.

Question 28

What are secondary sources?

Answer 28

> Regulations.
Directives.
Decisions.

Question 29

What are regulations?

Answer 29

Intended to impose uniformity of law throughout the EU. They are binding on member states and legally enforceable from their creation.

Question 30

Do member states have to pass their own laws to bring regulations into force?

Answer 30

No.

Question 31

What are directives?

Answer 31

Statements of policy that require member states to alter their domestic laws so they conform to the directives within a specified time limit.

Question 32

Are they common?

Answer 32

Yes, they are the most usual form of EU law.

Question 33

What happens if someone wants to make a claim using the directive but it has not been put into UK law yet?

Answer 33

They can still take the public body to court over the directive.

Question 34

Give an example of when this happens?

Answer 34

MARSHALL V SOUTHAMPTON AND SOUTH WEST HAMPSHIRE AREA HEALTH AUTHORITY ( 1986 ).

Question 35

What are decisions?

Answer 35

This is when a issue is brought before the European council or commission for consideration, the decision is binding on the state addressed but not other states.