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Constitutional Law > The European Union > Flashcards

The European Union Flashcards

1
Q

Why was the EU initially formed?

A
  • To put the raw materials of war beyond the control of a nation state.
  • Unite previously warring countries.
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2
Q

Founding EU Countries:

A
  • Belgium
  • France
  • Germany
  • Luxemborg
  • Italy
  • Holland
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3
Q

Founding EU Treaties:

A
  • Treaty Establishing European Coal and Steel Community (Paris) 1951
  • Treaty Establishing the European Atomic Energy Community (Rome) 1957
  • Treaty Establishing the European Economic Community (Rome) 1957
  • Treaty on European Union (Maastricht) 1992
  • Treaty of Lisbon 2007
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4
Q

Treaty Establishing European Coal and Steel Community (Paris) 1951

A

Founding nations formed this community to keep raw materials of war within reach.

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5
Q

Treaty Establishing the European Atomic Energy Community (Rome) 1957 and Treaty Establishing the European Economic Community (Rome) 1957:

A

Founding nations created two more communities:

  • The European Economic Community sought to ensure economic progress of founding countries.
  • The European Atomic Energy Community
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6
Q

Article 1 of Treaty on European Union (Maastricht) 1992:

A

The term ‘European Economic Community’ replaced with ‘European Community’.

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7
Q

Article 8 of Treaty on European Union (Maastricht) 1992:

A

Dual citizenship for citizens of member states.

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8
Q

Main institutions of the EU:

A
  • The European Council
  • The Council of the EU
  • The European Commission
  • The European Parliament
  • The Court of Justice of the EU
  • The Court of Auditors
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9
Q

Treaty of Lisbon 2007

A

Amends Maastricht and Rome treaties. Also merges European Commission and Union into a single union.

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10
Q

The European Council

Art 15 TEU

A
  • Consists of Heads of State, Presidents and President of the Commission.
  • Function is to establish the general policy and guidelines for EU action.
  • Issues instructions/ guidelines to council/ commission.
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11
Q

The Council of the EU

Art 16 TEU

A
  • Consists of ministerial members of each member state.
  • Coordinates member state policies.
  • Concludes agreements between EU and other countries.
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12
Q

The European Commission

Art 17 TEU

A
  • Politically independent arm responsible for ensuring application of treaties and of measures to be taken by the institutions in relation to them.
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13
Q

The European Parliament

Art 14 TEU

A
  • EUs Law making body, comprised of 751 MEPs (Members of European Parliament).
  • Elected by EU voters every 5 years.
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14
Q

The Court of Justice of the EU

A
  • Includes Court of Justice, General Court, Civil Service Tribunal .
  • Responsible for interpreting, enforcing and annulling EU law.
  • Located in Luxemborg.
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15
Q

The Court of Auditors

A
  • To check funds are collected and used correctly.
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16
Q

Primary EU Law:

A

Embodied in Treaties.

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17
Q

Secondary EU Law:

A

Regulations, Directives or Decisions.

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18
Q

Regulations:

A

Has general application. Entirely binding and directly applicable in all member states.

19
Q

Directives:

A

Binding in relation to the result. Gives member states choice of method.

20
Q

Decision:

A

Entirely binding. Binding only to whom it is addressed.

21
Q

Example of a Regulation:

A

Council Regulation 1984/ 2003 Introducing system for monitoring the trade union.

22
Q

Example of a Directive:

A

Council Directive 2002/ 60/ EC : Lays down specific provisions for control of African Swine Fever.

23
Q

Directly Applicable Regulation:

A

Takes effect without further action.

24
Q

Directly Effective Regulation:

A

Creates rights immediately enforceable to individuals.

25
Q

Case relating to EU Regulation:

A

Leonesio v Italian Ministry of Agriculture and Forestry.

26
Q

Leonesio v Italian Ministry of Agriculture and Forestry:

A

“Regulation produces immediate effects and confers upon individuals rights which national courts must uphold”.

27
Q

Penalty for not complying with EU:

A
  • Large Penalty.
28
Q

Treaty on the Functioning of the EU:

A

Organizes the functioning of EU.

29
Q

Monist state:

A

Treaty obligation becomes directly applicable in domestic law as soon as it is ratified.

30
Q

Dualist state:

A

Treaty does not alter the laws of the state unless it is incorporated into domestic law through legislation.

31
Q

S2 (1) European Communities Act 1972:

A

Rights, powers, liabilities, obligations and restrictions from time to time are to be given legal effect in UK without further enactment.

32
Q

S2 (2) European Communities Act 1972:

A

Makes it possible to give secondary, or delegated legislation effect in domestic law,

33
Q

S2 (4) European Communities Act 1972:

A

Obliges courts to dis-apply national law which is inconsistent with EU Law.

(This allows the courts to defy an act of Parliament)

34
Q

Case for dis-applying legislation inconsistent with EU Law:

A

Factortame (No.1) [1990]

35
Q

Factortame (No.1) [1990]

A

Part 2 of the Merchant Shipping Act was deemed to be inconsistent with EU Law.

“If a national court consider that the only obstacle was a rule of national law, it has to set that rule aside”.

36
Q

Van Gend en Loos Case [1963]

A

Community constitutes new legal order for which the states have limited their sovereign rights.

37
Q

Internationale [1970]

A

Legal rules/ concepts of national law cannot be used to judge validity of community instrument.

38
Q

S18 of European Union Act 2011:

A

Directly applicable EU Law falls to be recognized and available in UK law by virtue of that act.

39
Q

3 Factors which direct effect of legal provisions depends upon:

A
  1. Provision must be binding.
  2. Provision must be unconditional.
  3. Provision must be precise.

(Laid down in Van Gend en Loos)

40
Q

Provision must be unconditional:

A

Comitato di Coordinamento

41
Q

Comitato di Coordinamento

A

Provision is unconditional where it is not subject to the taking of any measure.

42
Q

Provision must be precise:

A

Comitato di Coordinamento

Where provision is set out in unequivocal terms.

43
Q

Vertical direct effect:

A

Individual enforces EU provision against member state in national court.

44
Q

Horizontal direct effect:

A

Individual enforces EU provision against another individual or company in a national court.

Constitutional Law (4 decks)

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