The European Union

Question 1

Why was the EU initially formed?

Answer 1

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

Question 2

Founding EU Countries:

Answer 2

• Belgium
• France
• Germany
• Luxemborg
• Italy
• Holland

Question 3

Founding EU Treaties:

Answer 3

• 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

Question 4

Treaty Establishing European Coal and Steel Community (Paris) 1951

Answer 4

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

Question 5

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

Answer 5

Founding nations created two more communities:

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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

Dual citizenship for citizens of member states.

Question 8

Main institutions of the EU:

Answer 8

• 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

Question 9

Treaty of Lisbon 2007

Answer 9

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

Question 10

The European Council

Art 15 TEU

Answer 10

• 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.

Question 11

The Council of the EU

Art 16 TEU

Answer 11

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

Question 12

The European Commission

Art 17 TEU

Answer 12

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

Question 13

The European Parliament

Art 14 TEU

Answer 13

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

Question 14

The Court of Justice of the EU

Answer 14

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

Question 15

The Court of Auditors

Answer 15

• To check funds are collected and used correctly.

Question 16

Primary EU Law:

Answer 16

Embodied in Treaties.

Question 17

Secondary EU Law:

Answer 17

Regulations, Directives or Decisions.

Question 18

Regulations:

Answer 18

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

Question 19

Directives:

Answer 19

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

Question 20

Decision:

Answer 20

Entirely binding. Binding only to whom it is addressed.

Question 21

Example of a Regulation:

Answer 21

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

Question 22

Example of a Directive:

Answer 22

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

Question 23

Directly Applicable Regulation:

Answer 23

Takes effect without further action.

Question 24

Directly Effective Regulation:

Answer 24

Creates rights immediately enforceable to individuals.

Question 25

Case relating to EU Regulation:

Answer 25

Leonesio v Italian Ministry of Agriculture and Forestry.

Question 26

Leonesio v Italian Ministry of Agriculture and Forestry:

Answer 26

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

Question 27

Penalty for not complying with EU:

Answer 27

• Large Penalty.

Question 28

Treaty on the Functioning of the EU:

Answer 28

Organizes the functioning of EU.

Question 29

Monist state:

Answer 29

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

Question 30

Dualist state:

Answer 30

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

Question 31

S2 (1) European Communities Act 1972:

Answer 31

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

Question 32

S2 (2) European Communities Act 1972:

Answer 32

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

Question 33

S2 (4) European Communities Act 1972:

Answer 33

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

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

Question 34

Case for dis-applying legislation inconsistent with EU Law:

Answer 34

Factortame (No.1) [1990]

Question 35

Factortame (No.1) [1990]

Answer 35

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”.

Question 36

Van Gend en Loos Case [1963]

Answer 36

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

Question 37

Internationale [1970]

Answer 37

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

Question 38

S18 of European Union Act 2011:

Answer 38

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

Question 39

3 Factors which direct effect of legal provisions depends upon:

Answer 39

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

(Laid down in Van Gend en Loos)

Question 40

Provision must be unconditional:

Answer 40

Comitato di Coordinamento

Question 41

Comitato di Coordinamento

Answer 41

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

Question 42

Provision must be precise:

Answer 42

Comitato di Coordinamento

Where provision is set out in unequivocal terms.

Question 43

Vertical direct effect:

Answer 43

Individual enforces EU provision against member state in national court.

Question 44

Horizontal direct effect:

Answer 44

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