The European Union

Question 1

What are the main aims of the EU?

Answer 1

To prevent another war and improve economic performance

Question 2

What is The Council of the EU?

Answer 2

A representative from each member state is sent to Council meetings and membership can vary based on what is discussed. The chosen minister votes on behalf of their state

Question 3

What are the main functions of The Council of the EU?

Answer 3

Main law making body of the EU and it is the voice of EU member governments, adopting EU laws and coordinating EU policies

Question 4

What is The European Commission?

Answer 4

28 commissioners act in the EU’s interests. Each commissioner is appointed for five years and heads a department with special responsibility for one area of EU policy

Question 5

What are the main functions of The European Commission?

Answer 5

It puts forward proposals for new laws to be adopted by the European Parliament and The Council of the EU and it ensures that EU law is properly applied in all member states

Question 6

What is The European Parliament?

Answer 6

Members are elected by the electorate every five years and act as a Parliament of the EU

Question 7

What are the main functions of The European Parliament?

Answer 7

It passes EU laws based on the proposals from The European Commission and it can ask them to propose legislation

Question 8

What is The Court of Justice of the EU?

Answer 8

28 judges give an impartial opinion and decision on cases which are binding on English courts

Question 9

What are the main functions of The Court of Justice of the EU?

Answer 9

Interpreting EU law, enforcing EU law and sanctioning EU law

Question 10

What are primary sources of EU law?

Answer 10

Treaties that created the EU and set out the rules on how the EU functions

Question 11

What are examples of primary sources of EU law?

Answer 11

TREATY OF THE EU and TREATY OF THE FUNCTIONING OF THE EU

Question 12

What are secondary sources of EU law?

Answer 12

Legislation passed by the institutions of the EU under Article 288 TFEU

Question 13

What are examples of secondary sources of EU law?

Answer 13

Regulations and directives

Question 14

What does s.2 of the EUROPEAN COMMUNITIES ACT state?

Answer 14

While the UK is a member of the EU and Treaties made by the EU are automatically part of our law

Question 15

What does the EU have the power to do under Article 288 TFEU?

Answer 15

Issue regulations which are binding on member states and automatically apply in each member state

Question 16

What are directives?

Answer 16

The main way in which harmonisation of laws within member states is reached

Question 17

What is vertical direct effect?

Answer 17

Where member states have not implemented a directive granting clear rights to individuals, the directive may be directly enforceable by an individual against the state

Question 18

Which case corresponds with the vertical direct effect?

Answer 18

MARSHALL V SOUTHAMPTON AND SOUTH WEST HAMPSHIRE AREA HEALTH AUTHORITY

Question 19

What is horizontal direct effect?

Answer 19

Directives which have not been implemented do not give an individual any rights against other people

Question 20

Which case corresponds with the horizontal direct effect?

Answer 20

DUKE V GEC RELIANCE LTD

Question 21

What does the case FRANCHOVICH V ITALIAN REPUBLIC state?

Answer 21

It is possible to take action to claim damages against a member state that failed to implement a directive

Question 22

What does the case VAN GEND EN LOOS state?

Answer 22

EU law takes priority over national law