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Law AS - Debbie LA1 > European Union Insitutions > Flashcards

European Union Insitutions Flashcards

1
Q

When and how was the EU formed?

A

1957 by the Treaty of Rome

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2
Q

How many member states are there now?

A

27

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3
Q

When did the UK join the EU?

A

1st January 1973

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4
Q

What did parliament pass when the UK joined the EU?

A

European Communities Act 1972

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5
Q

What are the 2 treaties to set out EU rules?

A

Treaty of European Union (TEU)

Treaty of the Functioning of the European Union (TFEU)

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6
Q

What are the 4 main EU institutions?

A

The Council of the EU
The Commission
The European Parliament
The European Court of Justice

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7
Q

What is the most important ancillary body?

A

The Economic and social committee

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8
Q

What is the EU’s permanent administration?

A

The commission

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9
Q

What is the composition for the commission?

A

27 commissioners, 1 for each member state (ACT INDEPENDENTLY OF THEIR NATIONAL ORIGIN)

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10
Q

How long are the commissioners appointed for?

A

5 years (can be removed by a vote of censure by the EU parliament)

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11
Q

When did the EU parliament remove all commissioners?

A

1999 over allegations of fraud

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12
Q

What is each commissioner responsible for?

A

An area of EU policy and heads a department

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13
Q

Why were members slimmed down in 2014?

A

Under the lisbon treaty

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14
Q

What are the main roles of the commission? (6)

A

Proposes and drafts legislation for the council
Ensures all treaties are implemented properly by member states
Some legislative powers
Implements council’s decisions
Administrative responsibility for the EU
Implements EU’s budget

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15
Q

What is the commission considered to be?

A

The most powerful EU body

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16
Q

Why is the commission criticized for not being democratic?

A

Because they are appointed by the prime minister(s)

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17
Q

What is the composition of the council of the EU?

A

It has a variable membership (government of each member state sends a representative to the council - normally a minister)

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18
Q

What does who attends the council of the EU depend on?

A

The topic under discussion

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19
Q

What is the ‘coreper’ in the council of the EU?

A

A committee of permanent representatives to deal with day to day work, assisting the council

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20
Q

Who holds presidency of the council of the EU?

A

Members take it in turn for six months each

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21
Q

When do the European Council meet?

A

twice a year heads of governments (prime minister) meet in a summit to discuss broad matters of policy

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22
Q

What is the role of the council of the EU? (6)

A 
Main decision making body of the EU
Can issue regulations and directives under TFEU
Considers proposals for law
Concludes international agreements
Agree unanimously on important questions
Voting is by a 'qualified majority'
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23
Q

What are the advantages to the council of the EU? (3)

A

Enables decision making to stay in hands of ministers (democratic)
Ministers are answerable to national parliaments
Balances interests of member states with EU

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24
Q

What are the disadvantages to the council of the EU? (3)

A

Operates in an undemocratic way
Secret council meetings (difficult to keep track of changes)
Some countries are forced upon ideas they do not support (qualified majority voting)

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25
Q

What is the composition of the EU parliament?

A

MEP’s selected by citizens of all EU countries every 5 years

26
Q

When and where do the parliament meet?

A

In Strasbourg and in Brussels for up to a week in each place a month

27
Q

Where do MEP’s sit in the EU parliament?

A

In political groupings not countries

28
Q

What is the main role of the EU parliament?

A

Discuss proposals put forward by the commission

29
Q

What are the parliaments standing committees?

A

Discuss commissions proposals and report back to EU parliament for a full debate

30
Q

Are decisions made by EU parliament bounding?

A

No

31
Q

What can the EU parliament do under the ‘co-operation procedure’?

A

Give its opinions on draft directives and regulations and the commission can be asked by them to amend proposals

32
Q

How do MEP’s from the parliament have more say in law making?

A

Under the Treaty of Lisbon 2009

33
Q

What are the main criticism of the EU parliament? (2)

A

It has no real power (recent treaties have increased this)

It can’t propose legislation, just discuss and vote

34
Q

What are the advantages of the EU parliament? (3)

A

It’s agreement is needed for any international treaty
Power to accept/reject commissioners
Has power over budget (must approve and can veto it)

35
Q

Where is the function of the European Court of Justice set out?

A

Article 91 TFEU - the court must “ensure that in the interpretation and application of the Treaty the law is observed”

36
Q

What is the composition of the ECJ?

A

27 judges, 1 from each member state, sits in Luxemburg

37
Q

Where do the ECJ judges sit?

A

In chambers of 3/5. 11 sit for a full court (rare)

38
Q

How are ECJ judges appointed?

A

Under Article 253 of the TFEU

39
Q

What must ECJ judges hold to be appointed?

A

The highest judicial post in their country (appointed for 6 years and then can be reappointed for another ^)

40
Q

Who is the president of court for the ECJ?

A

Judges choose amongst themselves

41
Q

Who are ECJ judges assisted by?

A

9 advocate generals (impartial judges who fight each side of a case) who are also appointed for 6 years

42
Q

What are the 2 main roles of the EU court of justice?

A

Judicial role and supervisory role

43
Q

What is the ECJ judicial role?

A

Responsible for hearing prosecution cases and prosecuting member states (RE TACHOGRAPHS)

44
Q

What is the ECJ supervisory role?

A

Hears appeals from national courts when there is a preliminary ruling on a point of EU law

45
Q

What is a preliminary ruling?

A

Request for clarification on a point of law so it can be uniformally applied through all member states

46
Q

What does the ECJ do with a preliminary ruling?

A

NOT decide the case, state what the law is and send it back to national court for them to apply the law

47
Q

What does the ECJ provide?

A

Another route of appeal for UK courts on a point of EU law only

48
Q

What is a mandatory referral?

A

The supreme court MUST send appeals to ECJ (Marshall V Southampton Area Health Authority 1986)

49
Q

What are discretionary referral?

A

Other lower courts requesting a referral to the ECJ only if they wish for a preliminary ruling

50
Q

When was a discretionary referral first used by the Magistrates?

A

Torfean Borough Council v B&Q 1990 - Sunday trading

51
Q

What case gave english courts guidelines to make a discretionary referral?

A

Bulmer V Bollinger 1974

52
Q

What were the guidelines for a discretionary referral in Bulmer v Bollinger?

A

Point of law must be necessary
No need to refer a question that has already been decided by ECJ in previous case
No need to refer a point which is reasonably clear
Court retains the right to refer or not

53
Q

What was the first case referred to the ECJ by english courts?

A

Van Duyn v Home Office 1974

54
Q

What are the advantages of making a referral? (3)

A

Gives clarity
Compare meanings in all EU member states
Takes a purposive approach

55
Q

What are the disadvantages of making a referral? (3)

A

Time and expense
Delays in EU court systems
Referral may be different to what the party wanted

56
Q

When a referral is made to the ECJ who does it bind?

A

Not only the member state making the referral but all member states - ENSURES UNIFORMITY

57
Q

What must all national courts consider when interpreting law?

A

A European Court ruling - what would happen if it was taken there

58
Q

What is the difference between EU courtrooms and english courtrooms?

A

English - theatrical (orally). EU - presented in written forms

59
Q

What is 1 major difference from UK courts and EU courts?

A

EU courts have the use of Advocate Generals

60
Q

Is there any dissenting judgements in EU courts?

A

No, all judges must appear to agree

61
Q

What is the difference between the UK courts binding each other and the EU courts?

A

ECJ is not bound by its previous decisions

62
Q

What does the ECJ have wide rights to as it uses the purposive approach?

A

External aids of interpretation

Law AS - Debbie LA1 (6 decks)

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