The European Union Flashcards
Why was the EU initially formed?
- To put the raw materials of war beyond the control of a nation state.
- Unite previously warring countries.
Founding EU Countries:
- Belgium
- France
- Germany
- Luxemborg
- Italy
- Holland
Founding EU Treaties:
- 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
Treaty Establishing European Coal and Steel Community (Paris) 1951
Founding nations formed this community to keep raw materials of war within reach.
Treaty Establishing the European Atomic Energy Community (Rome) 1957 and Treaty Establishing the European Economic Community (Rome) 1957:
Founding nations created two more communities:
- The European Economic Community sought to ensure economic progress of founding countries.
- The European Atomic Energy Community
Article 1 of Treaty on European Union (Maastricht) 1992:
The term ‘European Economic Community’ replaced with ‘European Community’.
Article 8 of Treaty on European Union (Maastricht) 1992:
Dual citizenship for citizens of member states.
Main institutions of the EU:
- 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
Treaty of Lisbon 2007
Amends Maastricht and Rome treaties. Also merges European Commission and Union into a single union.
The European Council
Art 15 TEU
- 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.
The Council of the EU
Art 16 TEU
- Consists of ministerial members of each member state.
- Coordinates member state policies.
- Concludes agreements between EU and other countries.
The European Commission
Art 17 TEU
- Politically independent arm responsible for ensuring application of treaties and of measures to be taken by the institutions in relation to them.
The European Parliament
Art 14 TEU
- EUs Law making body, comprised of 751 MEPs (Members of European Parliament).
- Elected by EU voters every 5 years.
The Court of Justice of the EU
- Includes Court of Justice, General Court, Civil Service Tribunal .
- Responsible for interpreting, enforcing and annulling EU law.
- Located in Luxemborg.
The Court of Auditors
- To check funds are collected and used correctly.
Primary EU Law:
Embodied in Treaties.
Secondary EU Law:
Regulations, Directives or Decisions.
Regulations:
Has general application. Entirely binding and directly applicable in all member states.
Directives:
Binding in relation to the result. Gives member states choice of method.
Decision:
Entirely binding. Binding only to whom it is addressed.
Example of a Regulation:
Council Regulation 1984/ 2003 Introducing system for monitoring the trade union.
Example of a Directive:
Council Directive 2002/ 60/ EC : Lays down specific provisions for control of African Swine Fever.
Directly Applicable Regulation:
Takes effect without further action.
Directly Effective Regulation:
Creates rights immediately enforceable to individuals.
Case relating to EU Regulation:
Leonesio v Italian Ministry of Agriculture and Forestry.
Leonesio v Italian Ministry of Agriculture and Forestry:
“Regulation produces immediate effects and confers upon individuals rights which national courts must uphold”.
Penalty for not complying with EU:
- Large Penalty.
Treaty on the Functioning of the EU:
Organizes the functioning of EU.
Monist state:
Treaty obligation becomes directly applicable in domestic law as soon as it is ratified.
Dualist state:
Treaty does not alter the laws of the state unless it is incorporated into domestic law through legislation.
S2 (1) European Communities Act 1972:
Rights, powers, liabilities, obligations and restrictions from time to time are to be given legal effect in UK without further enactment.
S2 (2) European Communities Act 1972:
Makes it possible to give secondary, or delegated legislation effect in domestic law,
S2 (4) European Communities Act 1972:
Obliges courts to dis-apply national law which is inconsistent with EU Law.
(This allows the courts to defy an act of Parliament)
Case for dis-applying legislation inconsistent with EU Law:
Factortame (No.1) [1990]
Factortame (No.1) [1990]
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”.
Van Gend en Loos Case [1963]
Community constitutes new legal order for which the states have limited their sovereign rights.
Internationale [1970]
Legal rules/ concepts of national law cannot be used to judge validity of community instrument.
S18 of European Union Act 2011:
Directly applicable EU Law falls to be recognized and available in UK law by virtue of that act.
3 Factors which direct effect of legal provisions depends upon:
- Provision must be binding.
- Provision must be unconditional.
- Provision must be precise.
(Laid down in Van Gend en Loos)
Provision must be unconditional:
Comitato di Coordinamento
Comitato di Coordinamento
Provision is unconditional where it is not subject to the taking of any measure.
Provision must be precise:
Comitato di Coordinamento
Where provision is set out in unequivocal terms.
Vertical direct effect:
Individual enforces EU provision against member state in national court.
Horizontal direct effect:
Individual enforces EU provision against another individual or company in a national court.
