The European Union Flashcards
Who set the EU up and when?
The Treaty of Rome set up the European Economic Community, which was changed to the European Union in 1993 by the Treaty of European Union
How many member states are there?
27 after Brexit
Who are the Council of the European Union?
They meet twice a year, each member state government sends a representative. They are the typical law-making body of the EU and member states take it in turns to provide a president every 6-months
What is the ‘Double Majority’ Rule?
Voting in council is in 80% of decisions. 55% of member states must vote in favour, and 65% of the EU population must be represented in those member states
What is The Commission?
They propose new law, ensure provisions are implemented correctly and can refer a case to the Court of Justice of the European Union
What is the European Parliament?
Sessions are every month and can last up to a week. Decisions of the European Parliament are made by the Parliament Council of ministers
What can the Parliament Council of Ministers do?
Co-legislate with the council and decide on admitting a new member state, reviewing the commissions work programme and propose legislation
Who are the judiciary of the Court of Justice of the European Union?
There is one judge from each member state. 11 Judges will sit in a full courts, whereas in normal case 3/5 judges will sit. Judges are appointed for a term of 6 years
What are the two functions of the Court of Justice of the European Union?
- If member states have failed to fulfil obligations (Article 258 TFEU)
- To hear preliminary rulings
What was the first case referred to the Court of Justice of the EU by an English court?
Van Duyn v Home Office
What are EU directives?
They direct all member states to bring in the same laws throughout their country. Member states can pass their own laws to bring this into force or they can be implemented through an order in council
What is Vertical Direct Effect?
The state fails to implement a directive and implements a defective one. The individual can claim against ‘an arm of the state’ and rely on it
What is Horizontal Direct Effect?
The directive does not concern individual rights so the individual cannot rely on it
