UK and the EU Flashcards
what is the EU?
an economic/political organisation made up of 27 member states
what are the main institutions in the EU?
The European Parliament - legislature of the EU, responsible for examining and passing new EU legislation
The European Commission - the executive of the EU, responsible for proposing new laws and for enforcing EU law
The Court of Justice of the European Union (CJEU)- judicial branch of the EU, responsible for interpreting EU law
what are the sources of law the EU can make?
primary sources
secondary sources
what are primary sources of law?
come mainly from founding treaties of the EU
what are the two types secondary sources of law?
regulations
directives
what are EU regulations?
a type of legislation that is binding on Member states in their entirety
as soon as they enter force they will become law in all member states as if they were part of their legal system
no action required to incorporate them into their legal systems specifically
what are EU directives?
binding on member states in terms of the result that must be achieved but the method that result must be achieved by is up to the member states
they adopt their own national legislation to transpose the terms of a directive into their domestic legal system
what does the CJEU do?
interprets EU law to make sure it is applied in the same way in all member states
resolves legal disputes between governments of member states and EU itself
what are two principles that CJEU has articulated that have had an effect on parliamentary sovereignty in the UK?
the doctrine of effect
the doctrine of supremacy
what is the doctrine of direct effect?
the idea that individuals are able to enforce their rights and obligations under EU law directly before their own national courts
what is the doctrine of supremacy?
any national law that conflicts with EU law will be rendered inapplicable
EU law will take precedence over national law
