Sources of EU law

Question 1

what are the primary sources of EU LAW

Answer 1

Treaties

Question 2

what to member states have a right to do on the content of new treaties

Answer 2

veto it

Question 3

give an example of a treaty

Answer 3

freedom of movement of workers

Question 4

what are secondary sources in terms of EU law

Answer 4

> Regulations
directives
decisions
Recommendations and opinions

Question 5

what is the relevant article in relation to secondary sources of EU law

Answer 5

Article 288 TFEU

Question 6

what is a regulation

Answer 6

• a regulation is binding in its entirety and is directly applicable to all member states

Question 7

before a regulation process starts what needs to be decided

Answer 7

what measure will be used

Question 8

name the case relevant to regulations

Answer 8

Commission v Italy - Slaughtered Cows case -

Question 9

what is the main difference between regulations and directives

Answer 9

REGULATIONS ARE BINDING UPON ALL MEMBER STATES DIRECTIVES DO NOT AUTOMATICALLY BECOME LAW IN ALL MEMBER STATES - THERE IS A DEGREE OF FLEXIBILITY AFFORDED TO THE MEMBER STATES

Question 10

are directives directly applicable

Answer 10

directives are not directly applicable however the court of justice has ruled that certain provisions in exceptional circumstances within a directive may have a direct effect - this is from the FRANCOVISH CASE!

Question 11

what is the main advantage of a directive

Answer 11

it is flexible the member state can implement its own mechanism and time as long as it meets the deadline

Question 12

what is the distinctive feature of a decision

Answer 12

it is the only secondary source that can be addressed to an individual

Question 13

who is a decision usually produced by

Answer 13

the Commission

Question 14

is a decision binding

Answer 14

it is binding in its entirety to whom it is addressed

Question 15

besides being able to address a decision to an individual who else can it be addressed to

Answer 15

Member states and private parties

Question 16

what is the most common use of a decision

Answer 16

in competition law by the European Commission

Question 17

are recommendations and opinions binding

Answer 17

NO

Question 18

what case was recommendations of huge importance

Answer 18

GRIMALDI CASE

Question 19

Why are secondary sources so important

Answer 19

they might be outdated
member states may not comply therefore by binding them they have to comply
can make member states safer
transparency
fitness for purpose
allows flexibility in time and adoption to allow the member state to adopt how they please

Question 20

what are the main two legislative procedures

Answer 20

> Ordinary legislative procedure

> Special Legislative procedure

Question 21

what is the ordinary legislative procedure

Answer 21

1- the European Parliament must see the proposed legislation
2- draft law has to be looked at twice
3- it can be accepted as it is, rejected or proposed to be changed

THIS IS THE MOST COMMON LEGISLATIVE PROCESS USED

Question 22

What is the special legislative procedure

Answer 22

• replaces the former consultative, cooperation and assent procedures
  the objective is to simplify the EU’s decision making process by making it clearer and more effective
• THE TFEU does not give a precise description of special legislative procedures