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Unit 1 > Chapter 4 > Flashcards

Chapter 4 Flashcards

1
Q

Name the three sources containing European Law

A

Treaties, Regulations and Directives

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2
Q

What was the original name of the EU, what year was it founded and how many member states were there

A

European Economic Community, founded 1957 and made up of 28 Member States

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3
Q

What year did the European Economic Community become the EU

A

1992

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4
Q

What year did the UK join the EU

A

1973

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5
Q

What is unanimous voting

A

All Member States must agree, used for most important decisions

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6
Q

What is a simple majority vote

A

Over 50% of the Member States must agree (15/28)

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7
Q

What is a qualified majority vote

A

Over 55% of Member States must agree, and those States in agreement must have a population that makes up 65% of the total population of the EU

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8
Q

What ‘function’ does the European Council have

A

Executive

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9
Q

Who are the members of the European Council

A

Heads of state or heads of government of the Member States as well as the High Representative for Foreign Affairs and Security, and the President of the European Commission

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10
Q

Why might a Member State send a head of government to the European Council

A

If they are a monarchy so their head of state is a ceremonial figure (King, Queen, President etc.), they will sent their head of government (Prime Minister/Chancellor) instead

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11
Q

How is the leader of the European Council voted for and how long is their term

A

Qualified majority vote of all heads of state/gov and their term is two and a half years which can only run twice concurrently

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12
Q

What does the European Council do

A

Define the political direction and priorities for the EU and try to reach a consensus

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13
Q

What ‘function’ does the European Commission have

A

Executive

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14
Q

What is the ‘grand objective’ of the European Commission

A

“To be the guardian of the EU Treaties” (they aim to achieve the aims of the EU Treaties by planning policies and proposing new laws)

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15
Q

Who makes up the members of the European Commission

A

28 Commissioners, one appointed by the government of each Member State

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16
Q

What is the job of the High Representative of Foreign Affairs and Security

A

To represent the EU in foreign affairs diplomacy with non EU states

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17
Q

What do vice presidents of the European Commission do

A

They lead teams of Commissioners to deal with priority areas, along with the High Representative of Foreign Affairs and Security

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18
Q

What is a portfolio and who assists with them?

A

An area of responsibility given to a Commissioner. Directorates General are allocated to assist

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19
Q

What is the principle of collective responsibility n the European Commission

A

Allows each Commissioner to have equal say and responsibility in decisions

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20
Q

What is the ‘function’ of the Council of the European Union

A

Legislative and Executive

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21
Q

What is the legislative function of the Council of the European Union

A

They are responsible for passing EU law proposed by the European Commission, as well as passing Directives and Regulations (which are secondary legislation)

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22
Q

What are the three executive functions of the Council of the European Union

A

Coordinating policies for economy, police and judiciary of Member States / making international agreements with non-EU states and international organisations / formally approve the EU budget with European Parliament

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23
Q

Who are the members of the Council of the European Union

A

Membership is not fixed and so relevant minsters from each Member State will attend the meetings on topics they are responsible for

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24
Q

Who chairs foreign affairs meetings of the Council of the EU

A

The High Representative for Foreign Affairs and Security from the European Commission

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25
Q

Who chairs meetings (except in foreign affairs) of the Council of the EU

A

The relevant minster of that topic from the Member State which holds EU presidency at the time. (presidency changes every 6 months)

26
Q

What is each type of voting used for in the Council of the EU

A

unanimous - Treaty amendments and new Member States joining / qualified majority - for most votes including formally adopting nominees for European Commission Membership / simple - less important votes

27
Q

Who must approve a withdrawal agreement under Art 50 TEU and by what type of of vote

A

The Council of the European Union must approve by a qualified majority, as well as the European Parliament

28
Q

What is the ‘function’ of the European Parliament

A

Legislative

29
Q

Who are the members of the European Parliament

A

751 members called MEPs who are elected every 5 years through proportional representation, where seats are allocated roughly in accordance with the total number of votes and each Member State has a share of the seats roughly reflecting population size.

30
Q

When and where does the European Parliament hold sessions

A

One week a month in Strasbourg (though based in Brussels)

31
Q

What are the two main legislative powers of the European Parliament

A

Proposing changes to European Treaties / approving amending or rejecting Regulations and Directives (shared power with Council of the EU)

32
Q

What are the three (other) important powers of the European Parliament

A

Approve the EU budget with the Council of the EU / approve appointment of the President of the European Commission / approve the appointment of the commission as a whole

33
Q

What is the ‘function’ of the Court of Justice of the European Union

A

Judicial

34
Q

Who are the members of the Court of Justice of the EU

A

28 judges, one appointed from each Member State plus 9 advocates general who assist them independently and must give impartial advice

35
Q

What does the General Court of the Court of Justice of the EU deal with

A

Straightforward cases

36
Q

What does the Civil Service Tribunal of the Court of Justice of the EU deal with

A

Disputes between EU employees and EU institutions

37
Q

What is preliminary ruling procedure (in Court of Justice of EU)

A

When a national court is struggling to interpret EU law or doubts its validity and so seeks the advice of the Court of Justice of the EU (under Art 267 Treaty of the Functioning of the EU). The advice given is called the preliminary ruling and will be applied by the national court to its case

38
Q

What are proceedings for failure to fulfil an obligation (in Court of Justice of EU)

A

When the Court of Justice of the EU investigates allegations that a Member State is failing to fulfil its obligations under EU law. Proceedings are started by the Commission or another Member State. If the Member State accused is found at fault they must follow the Court’s judgement and put things right at once. If they don’t they can be fined

39
Q

What are actions for annulment (in Court of Justice of EU)

A

If a Member State, Council of the EU, Commission or (under certain conditions) the European Parliament believes an EU law is illegal they may ask it to be annulled by the Court of Justice of the EU. They may also be asked to annul a law if a private individual finds it directly and adversely affect them. If the law is found to be incorrectly adopted or not correctly based on the Treaties, it will be annulled.

40
Q

What are actions for failure to act (in Court of Justice of EU)

A

If the European Parliament, Commission or Council of the EU fail to comply with the requirements of the Treaties to make certain decisions under certain circumstances, then Member States or sometimes individuals or companies will lodge a complaint and make the Court of Justice officially record the failure

41
Q

What are direct actions (in Court of Justice of EU)

A

Where an individual or company suffering damage as a result of an action (or lack of action) of the EU or its staff brings an action against them to seek compensation. The General Court will deal with that action.

42
Q

What are Treaties

A

Primary EU law, a formal agreement between nation states

43
Q

What are sections of Treaties called

A

Articles

44
Q

What was the first Treaty

A

Treaty of Rome 1957

45
Q

What is the name of the two Treaties which consolidated the previous ones

A

Treaty on the Functioning of the European Union and the Treaty on European Union

46
Q

What is included in the Treaty on the Functioning of the European Union

A

The roles, policies and operation of the EU. It is split into seven parts.

47
Q

What are the 3 important parts of the Treaty on the Functioning of the European Union and what is included in them

A

Part 2 Non-discrimination and citizenship of the Union, Part 3 Union policies and internal action (including common agricultural policy, free movement of people, services and capital), Part 5 The Union’s external action (including foreign policy in relation to non EU states)

48
Q

What is included in the Treaty on European Union

A

Sets out democratic principles underlying the EU, split into 6 parts called ‘Titles’, including Title 3 Provisions on institutions which deals with the structure of the EU institutions

49
Q

What are Directives and how do they work

A

Secondary EU law. They set out the European law in general terms, and are addressed to any Member State whose national law is not currently compliant. Binding on those they are addressed to with a time limit in which the state must amend their national law to comply.

50
Q

What happens if the time limit of a Directive isn’t met

A

The Member State can face legal action from the European Commission, and in certain circumstances individuals and companies may enforce the Directive in national courts

51
Q

What was the Directive 2008/50/EC on ambient air quality and cleaner air for Europe and how did the UK respond?

A

It required Member States to amend their existing law to improve air quality and reduce pollution in particular. The UK’s implementation of this was to pass Air Quality Regulations 2010

52
Q

What are Regulations (in relation to EU law)

A

A form of secondary EU law which is directly applicable to all Member States and needs no legislation to be passed for effect

53
Q

What did the Regulation (EU) No 2016/679 General Data Protection Regulation set out

A

How customer data should be processed and stored by companies across EU Member States. It was an important EU Regulation.

54
Q

What are Decisions (in relation to EU law) and are they binding?

A

Documents setting out the result of following a particular administrative procedure, relating to an individual, company or Member State. Binding only on those it relates to.

55
Q

What are Recommendations (in relation to EU law) and are they binding?

A

Guidance from an EU institution to a Member State, individual or corporation. Non binding

56
Q

What are Opinions (in relation to EU law) and are they binding.

A

Conclusions about the conduct of a Member State, individual or company which are requested by a third party and issued by an EU institution. Non binding.

57
Q

Describe the case of Costa v ENEL [1964] regarding conflicts in European law

A

There was a conflict between Italian national law and the law of the European Economic Community (EEC). The European Court of Justice (predecessor of the Court of Justice of the EU) held that because Italy had signed the European Treaties it had agreed to their right to pass their own law being permanently limited, so in this case EEC law applied

58
Q

What happened when the UK government passed the Merchant Shipping Act 1988

A

The Act required fishing companies using British quotas to be registered in the UK with 75% of shareholders to be British nationals to combat Spanish fisherman acquiring UK quotas, but this was in flat defiance of EU law and so was challenged by Spanish boat owners for judicial review. They were successful and awarded £100m in compensation

59
Q

What three rulings were made by the European Court of Justice in the fishing related case of Secretary of State for Transport ex parte Factorame Ltd and Others [1991]

A

National courts were required to give effect to directly enforceable provisions of EU law / Any national law which contradicts EU law should be ignored / National law should be interpreted in accordance with EU law

60
Q

What are the three steps of the horizontal direct effect

A

EU Treaty or Regulation becomes part of UK law - binds all UK citizens - can be enforced by any individual against each other

61
Q

What are the three steps of the vertical direct effect

A

EU Treaty or Regulation automatically becomes part of UK law or becomes part of UK law because of failure to implement a Directive within the time limit - law binds the state and the state’s failure to implement the Directive cannot be used as Defence - individuals can enforce against the state but not against each other

62
Q

What did the Supreme Court hold in the case of Secretary of State for Exiting the EU (Miller) [2017]

A

That the UK needed to pass an Act of Parliament in order to trigger Art 50 TEU

Unit 1 (7 decks)

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