Topic 6: EU Law Flashcards
What is the council of the EU?
Each member state has a representative, usually the foreign minister. They’ll have some expertise in the area, meet up twice a year to discuss matters.
Principle law making body, decide what laws should be enacted (80% need to be in favour).
What is the European Commission?
Propose new laws, Guardian of the treaties, administration for the EU, negotiations with other countries on behalf of the EU.
One representative from each member state, appointed for a 5 year term, can only be removed if there’s a vote of censure, responsible for head of a department.
What are mandatory referrals?
Comes from the highest appeal court. Just refer points of EU laws to the ECJ as there are no further points of appeal.
What are discretionary referrals?
Lover courts in each member state can refer a case for a preliminary hearing. But MUST DO THIS, there are no other appeal options.
What are the EU Parliament?
Citizens elect one member, elections held every 5 years, meet once a month, decide on international agreements. Decide wether to admit new member states, co-legislates with the council, approve, reject or amends proposals.
What is the European Court of Justice?
28 judges from each member state, must be eligible to be appointed, appointed for 3 years, highest point of appeal, research legal points, have cases assigned.
What is ‘directly applicable’?
Doesn’t need an act of parliament to become a le in the UK. Once signed, it’s instantly Law.
What’s ‘horizontal direct effect’?
An individual can use theEU legislation against another individual.
What is ‘vertical direct effect’?
An individual can use EU legislation against the UK or a Public Body
What’s a ‘regulation’?
Secondary type of legislation, puts the aims of treaties into practice, article 288 Treaty of the Functioning if the EU says that the EU have the power to issue regulations, self-executing, enforces the rights given in a regulation against a state, a person and a business.
What is a ‘treatie’?
A primary source of law, the most important type, applies to all member states and citizens. EU Law is automatically British Law, don’t need direct incorporation into UK statutes.
What’s a ‘directive’?
Vertical direct effect and horizontal direct effect.
