The European Union as a Source of Law and Brexit

Question 1

origins of the EU

Answer 1

• Half of the 20th century, 2 wars started on the continent of Europe.
• Both 1st + 2nd World Wars spread involving countries from all over the world.
• These wars cost lives and left countries across Europe in debt.

Question 2

What happened in 1951?

Answer 2

To prevent warfare by creating a common market to share resources, 6 countries (Belgium, France, Italy, Netherlands, Germany, Luxembourg) joined together in the European Coal and Steel Community.

Question 3

What happened in 1957?

Answer 3

European Coal and Steel Community expanded its purpose to create a common market for all goods, workers and services within the borders of the member states.
Called the European Economic Community (EEC).

Question 4

What happened in 1973?

Answer 4

EEC expanded its membership to allow the UK, Denmark and Ireland to join.

Question 5

What happened in 1975 in the UK?

Answer 5

• a referendum held letting the people of UK decide whether to remain in the EEC.
  Electorate voted 67% in favour of staying in the EEC, with 65% voter turnout.

Question 6

What is a referendum ?

Answer 6

A vote in which everyone of voting age can take part, usually to give a ‘Yes’ or ‘No’ answer to a political question.

Question 7

4 founding principles of the EU

Answer 7

1. Free movements of goods
2. Freedom to provide services
3. Free movements of capital
4. Free movements for workers

Question 8

What do free movements of goods mean in practise?

Answer 8

People can buy and sell goods across Europe w/out having to pay extra tax if the goods change country.
E.g. if you buy a BMW, you don’t have to pay anything extra, even if it is shipped to your car dealer from Germany.

Question 9

What do freedom to provide service mean in practise?

Answer 9

If you’re a professional, e.g. a doctor, you can provide your service in any EU member state.

Question 10

What do free movements of capital
mean in practise?

Answer 10

Meaning businesses can invest in and own other European companies.

Question 11

What do free movements for workers mean in practise?

Answer 11

Anyone w/ a passport from an EU member state can work anywhere in the EU.
*Don’t need a visa to go on holiday in Europe.

Question 12

How are EU laws made?

Answer 12

The commission proposes laws to the Parliament + council who votes for the laws

Question 13

What are primary laws called ?

Answer 13

Treaties. E.g., Treaty of Rome

Question 14

3 main source of secondary laws

Answer 14

1. Directives
2. Regulations
3. Cases of the European Court

Question 15

3 organisations making up the EU

Answer 15

1. European Commission
2. European Parliament
3. Council of the European Union

Question 16

3 function of the European Parliament

Answer 16

• Shares the power to legislate
• Exercises democratic supervision over all EU institutions
• Shares authority over the EU budget.

Question 17

2 function of the European Commission

Answer 17

• Suggest new laws
• Enforces existing European laws and treaties.

Question 18

2 function of Council of the European Union

Answer 18

• Brings together heads of state and government deciding on issues of common interest and overall EU policy
• Review progress.

Question 19

What is the court of justice of the European Union ?

Answer 19

Upholds EU law

Question 20

What is the role of the court of justice of the European Union?

Answer 20

Ensure EU legislation is interpreted and applied in each EU member state.

Question 21

2 functions of the Court of Justice of the European Union

Answer 21

• Has the power to settle disputes and impose sanctions.
• Cases brought by EU member states, EU institutions or individuals.

Question 22

When did the UK join the EU?

Answer 22

In 1973

Question 23

When did the UK leave Brexit?

Answer 23

• January 2020, P passed EU Withdrawal Act setting out 1st steps to leaving EU membership.
• ‘Transition’ period until December 31st 2020
• Officially withdraw in January 2021

Question 24

How did EU membership affect parliamentary sovereignty?

Answer 24

• When the different countries joined the European Union they gave up national supremacy on matters of European Law only
  E.g.
  Case of Simmental [1978] - National Courts should set aside any provision of national law which may conflict with European law

Question 25

what is ‘factotame’?

Answer 25

Case went through UK court system and the House of Lords sought clarification from the European Court.
- ECJ held where there is a provisional of national law that is in conflict with EU law then the national law should be set aside.
- Can’t underestimate significance of this decision in UK legal history.

Question 26

Importance of ‘factotame’

Answer 26

Lord Bridge ( in Factotame case)
“… such comments are based upon a misconception. If the supremacy ….. of Community law over the national law of member states was not always inherent in the EC Treaty it was certainly well established in the jurisprudence of the Court of Justice long before the United Kingdom joined the Community”
(in other words he is saying here – Parliament knew the state of affairs – It knew about the supremacy of community law when it joined)

Question 27

4 arguments for staying Brexit

Answer 27

• EU regulations make consumer products safer because of strict rules on safety
• Goods are cheaper when dealing with other Member States
• Some countries pay more into the EU than UK does
• Tourism to EU countries is easier for holiday makers whilst UK is a member

Question 28

4 arguments against Brexit

Answer 28

• UK have freedom to negotiate own trade deals without burden of EU regulations
• EU has too much legislative and political power - Sovereignty of British laws is lost
• UK could make own laws on consumer protection/employment.
• Membership costs are expensive + would free up money to spend on other things like the NHS