Unit 7 - EU Retained Law (1) basics

Question 1

List and describe the 4 different EU intstitutions ?

Answer 1

1. The council of the EU - a gov rep from each member state - decision making body of union
   
   2. The European Commission - develops policy - independent commissioners app by national govs, who must work independently of national loyalties, and who make proposals for leg and oversee implementation of leg.
   3. The European Parliament - made up of elected members - original role was consultive but powers increased due to more treaties - now significant actor in EU leg process.
   4. The Court of Justice of the EU (CJEU) - refers collectively to two different courts, the general court and the EUs highest courts - the Court of justice. Often referred to at the European court of justice.
      a. ECJ consists of judges nominated by each of the member states. Its role is to ensure that EU law is observed throughout the union

Question 2

What is the difference between VERTICAL and HORIZONTAL, Direct Effect ?

Answer 2

• Vertical direct effect is of consequence in relations between individuals and the country. This means that individuals can invoke a provision of EU law in relation to the state.
• Horizontal direct effect is of consequence in relations between individuals.

Question 3

What is PRIMARY LEGISLATION in EU law ?

Answer 3

the treaties - such as the Treaty of the EU (Maastricht Treaty (2008)) or the Treaty on the Functioning of the EU (2012)

○ Binding on member states and its validity CANNOT be challenged in national courts of the ECJ

Question 4

What is SECONDARY LEGISLATION in EU law

Answer 4

Emanated from the institutions, takes the form of Regulations, Directives and Decisions.

○ Treaty Articles: the TFEU is divided into short sections known as articles.
- These form part of the legal systems of all the member sates
- May also be directly effective , which means an individual can rely upon the rights granted in the articles and enforce them.
- E.g. Defrenne v SABENA (No 2) (case 43/75) [1976] - Belgian airline S paid female flight attendants less - able to use what is now A157 of TFEU to claim equal pay

○ Regulations: once passed, automatically becomes part of the legal systems of all the member states.
- May also be directly effective
- Important E.g. Regulation (EC) 261/2004 ([2004] OJ L46/1) - requires airlines to compensate in the event of cancellation or signif delay

○ Directives: binding as to the result to be achieved on each member state but leave choice of form or methods to the national authority.
- UK usually implemented by passing delegated leg.
- If a member state doesn’t implement - or does it incorrectly, it may have direct effect vertically but not horizontal.

○ Decisions: are binding in their entirety upon those to whom they are addressed. (states or individuals)
- Example when the commission issued a series of decisions relating to British beef export during foot and mouth crisis of 2001.