The European Union

Question 1

What are the two treaties who set out the rules?

Answer 1

1. The treaty of the EU
2. The treaty of the functioning of the EU

Question 2

What are the main institutions that exercise the function of the union?

Answer 2

• The council of EU
• The commission
• The European Parliament
• The court of justice of EU

Question 3

What is the council of EU?

Answer 3

• Government of each union sends a representative
• The foriegn minister or minister responsible for the topic under review
• Member states take it into turn to provide the president of the council
• Principle law making body use a voting system
• Votes must represent 65% of the EU population

Question 4

What is the commission?

Answer 4

• 28 Commissioners who act independently of their national origin
• Each member state has one commission
• They are appointed for a five year term
• They head a department of special responsibility
• They also propose new laws
• They ensure treaties are adopted by members
• It supervises how money is spend

Question 5

What is the European Parliament?

Answer 5

• There are 751 members of European parliament who are directly elected by the member state every 5 years
• The number of MEP’S is proportionate to the size of the state
• They meet approximately once a month
• They discuss proposals suggested by the commission
• They can co-legislate with the council
• They decide on international agreements
• Decides on whether to admit new member states
• The commission work asks it to propose legislation

Question 6

What are the key functions of the court of justice of the EU?

Answer 6

• Ensures that law is applied uniformly in all member states
• They hear cases to see if the state has failed to fulfill its obligations
• There are preliminary rulings on points of EU law which binds all member states

Question 7

What is the operation of the court of justice of the EU?

Answer 7

• Cases are presented on paper
• Advocate general who are not an independent lawyer
• AG presents findings after the parties have made their submission
• Judges deliberate in private
• They are not bound by previous decisions

Question 8

What is the three sources of European law?

Answer 8

1. Treaties
2. Regulations
3. Directives

Question 9

What are treaties?

Answer 9

• They automatically be a part of the law in all member states
• They can be directly applied to the individual
• Can be relied on even if not enacted in English Law
• UK courts can apply treaty law without waiting for the Court of Justice of EU

Question 10

What are regulations?

Answer 10

• Binding in every respect and directly applicable in each member state
• Do not have to be adopted by each state, they automatically become law

Question 11

What are directives?

Answer 11

• They are issued by the EU and directs all members states to bring in same laws
• The UK will do this through SI’s normally
• A direct effect is if the directive has not been implemented which means an individual can bring an action against the member state

Question 12

What is the direct effect?

Answer 12

• EU implements a directive which is a new law that the member state has to implent through legislation
• They are given direct time frame
• If they fail to do it within the time frame, people it affects can bring a claim directly to the EU against it’s members state
• If they bring it against their member state, it is a vertical direct effect
• If they bring it against an individual, it is a horizontal direct effect

Question 13

How does EU law impact on UK law?

Answer 13

• EU law has precedent over national law
• Later national laws do not take precedent over previous EU law