the EU (P3) Flashcards
when was the EU formed?
1957
when and how did the UK join the EU?
in 1973 by signing the treaty of rome
what did the European Communities Act 1972 do?
gave permission to the UK government to adopt the principles of the treaty of rome
when did the UK leave the EU?
voted in 2016
left on 31 january 2020
what are the 4 EU institutions?
-council
-commission
-european parliament
-court of justice of the european union
what is the EU council?
-principle law making body of the EU
-voting in council is by qualified majority, which is reached if
-55% of member states vote in favour, and
-the proposal is supported by member states representing at least 65% of the total EU population
-made up of a representative from each nation’s government (usually foreign minister), and a minister responsible for the topic under consideration
what is the EU commission?
-proposes new laws
-responsible for the administration of the EU
-ensures treaty provisions et are properly implemented by member states
-can refer the matter to the court of justice where there is failure to do so
-responsible for the EU’s budget and how the money is spent
-made up of a commissioner for each member state who must act independently of their national origin, appointed for a 5 year term, can only be removed by a vote of censure by EU parliament, each commissioner heads a department with responsibility for an area of EU policy
what is the european parliament?
-MEPs form political groups with those of the same political allegiance
-meet once a month
-has standing committees which discuss proposals made by commission and report to full parl for debate
-can co-legislate with the council and approve/reject commission proposals
-decide international agreements
-decides whether to admit new member states
-reviews commissions work programme and asks it to propose legislation
-751 members, directly elected by electorate of the state every 5 years
-number of MEPs from each state is decided by the size of their population
what is the court of justice of the EU?
-decides whether a member state has failed its obligations
-hears references from national courts for preliminary rulings on points of EU law
-make rulings rear are binding on courts in member states
-court is in Luxembourg with one judge from each member state
-for a full court there id 11 judges
-for other cases the court lists in chambers of 3-5 judges, assisted by 11 advocates general who research and present issues
what are the three sources of EU law?
-treaties
-regulations
-directives
what are treaties?
-primary legislation
-automatically become part of member state’s law
-Van Duyn v Home Office
what are regulations?
-binding on member states
-automatically apply in each member state
-The Commission v United Kingdom
what are directives?
-member states have to pass their own laws to implement directives, within a time limit set by the EC
-delegated legislation is usually used in the UK
-can be vertical direct effect (individual can claim against the state even if the directive isn’t implemented yet - Marshall v Southampton and South West Hampshire Area Health Authority)
-can be horizontal direct affect (directives give an individual rights against others, provided they have been implemented - Francovich v Italian Republic)
what is the impact of EU law on England and Wales?
-applies to the court structure
-while the UK was a member of the EU, the Supreme Court had to refer questions of EU law to the court of justice and the EU
-national courts are required to interpret their national law in the lights of the wording and the purpose of the directive
-s2 European communities act 1972 - where eu law exists on a particular subject, it could override any inconsistent UK law
