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AS Law LA1 > EU 2.0 > Flashcards

EU 2.0 Flashcards

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1
Q

What treaty was the EU formed by?

A

Treaty of Rome 1957

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2
Q

Originally how many MS were there?

How many are there today?

A

6

28

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3
Q

When did the UK join the EU?

What Act was passed as a result?

A

1st January 1973

European Communities Act 1972

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4
Q

What did the T of L 2009 do to the EU?

A

Restructured it
Now 2 treaties setting out its function
- TEU
- TFEU

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5
Q

What are the 4 main EU institutions?

A
  1. Council of the EU
  2. Commission
  3. EP
  4. ECJ
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6
Q

In addition to the 4 main bodies, what else is there in the EU?

A

Several ancillary bodies

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7
Q

What is the most powerful ancillary body?

A

Economic and social committee

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8
Q

What is the Commission?

A

EU’s permanent administration

Has many different responsibilities

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9
Q

How many commissioners are there?

A

28 - 1 for each MS

Supposed to act independently from MS, act in interest of whole EU

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10
Q

How long are commissioners appointed for?

A

5 years
Only be removed n this time by a vote of censure passed by EP
- 1991, Fraud

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11
Q

What is each commissioner responsible for?

A

Area of EU policy + heads a department

Setting + managing EU policy in own area (transport)

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12
Q

What did the T of L do to the number of commissioners?

A

Under the T of L, the number of commissioners was reduced in 2014
Now fewer commissioners than MS

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13
Q

What are the 5 main roles of the commission?

A
  1. ‘Commission proposes, Council disposes’
  2. Guardian of T
    Ensures MS implements T, intervenes if not
    Refers to ECJ if necessary
    Re Tachographs Commission v UK
  3. Implements decisions by EP
  4. Manages EU common policies (overseas aid)
  5. Executive power to implement EU budget
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14
Q

Re Tachographs Commission v UK

A

Held UK = breach of EU regulation
Reg stated tachograph had to be installed in every lorry
UK informed the haulage companies = voluntary rather than compulsory
EU declared the UK to be in breach of the leg

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15
Q

Does the Commission have any legislative powers?

A

Some delegated to it by the Council

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16
Q

Strength of the Commission?

A

Considered the most powerful EU body
Has many different legislative powers
Motivating force behind leg

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17
Q

Weaknesses of the Commission?

A

Commissioners aren’t directly elected by electorate

e.g. our commissioner = appointed by PM so not democratic

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18
Q

Who are the members of the Council?

A

Variable

G of each MS sends a rep (usually Min) depending of the topic of discussion

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19
Q

Who is the president of the Council?

A

Members take it in turns to hold presidency for 6 months

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20
Q

Who are members of the Council assisted by?

A

Committee of permanent representatives
Deal with day-to-day work
Corper

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21
Q

Where do the Heads of G meet twice a year? Why?

Council

A

Twice a year the heads of G meet in a summit to discuss broad matters of policy
UK rep = PM

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22
Q

What is the Council?

A

Main decision making body of the EU

Defines general political directives + priorities

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23
Q

What does Art 288 TFEU give the Council the power to do?

A

Issue regulations, directives, decisions

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24
Q

What do the Ministers of the Council do?

A

Considers proposals of law

Have power to commit their G to new policies

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25
Does the Council have any legislative power?
Shared with EP under co-decisions procdure
26
What are the 5 main roles of the Council?
1. Defines general political directives + priorities 2. Art 288 TFEU - issue reg, directives, decisions 3. Concludes international agreements (negotiated by Commission) 4. Allows new MS to join 5. Amends T
27
How is the voting in the Council qualified?
Unanimously on important Qs (amending Treaties, launching new common policy or allowing MS join) Otherwise majority - proportion to countries population
28
Strengths of Council?
1. Decision making in hands of Mis = democratically elected 2. Balances interests of MS v EU 3. More accountable than the Commission; Min = answerable to national P + their electorates
29
Weaknesses of the Council?
1. Decision = taken in secret - difficult for national P to keep track 2. Majority vote - MS have decisions forced upon them
30
What is the composition of the EP?
Members = elected by citizens of all MS every 5 yrs | MEPs sit in political groupings not country groups
31
When do the members of the EP meet?
Strasbourg + Brussels | Up to 1 week in each place, each month
32
What is the main roles of the EP?
Discuss proposals put forward by the Commission | - standing committees, discuss proposals put forward by the Commission + report back the the P for full debate
33
Are the decisions made by the EP binding?
No | But v influential on Council of Ministers
34
What does the co-operation procedure allow the EP to give to the Commission?
Opinions on draft directives + regulations proposed | Commission can be asked amend proposals, take into account P's position.
35
What do MEP have more of under the T of L?
More say in EU law-making
36
Strengths of the EP
1. Seen as giving democratic legitimacy to EP 2. Power over budget, must approve + can veto it 3. Power to sack entire commission through vote of censure (1991)
37
Weaknesses of the EP
1. No real power (T of L has changed this) 2. Doesn't have same power as national P 3. Can't propose leg, only discuss + vot on laws proposed by Commission
38
What does the EP have power over?
Accept/ reject Commissioners when nominate by a MS Sack all of the Commissioners (vote of censure, 1991) Over the budget, must approve + can veto it Its agreement is needed for any international treaties that the EU wants to enter into
39
Can the EU join any treaties that it wants to?
Yes | BUT needs EP permission
40
What is the function of the ECJ?
Article 19 TFEU sets out the function | 'Ensure that in the interpretation + app of T, law = observed'
41
What T sets out the function of the ECJ?
Article 19 TFEU
42
Where is the ECJ?
Luxembourg
43
How many judges are in the ECJ?
28 - 1 each MS 11 judges sit full CT Also sit in chambers of 3/5
44
How are the judges in the ECJ appointed?
Under Article 253 TFEU Must hold highest judicial post in own MS / be a leading academic Appointed for 6 years (can be re-appointed)
45
Who are the judges assisted by?
9 Advocate generals (app 6 yrs) Article 253 - role help judges - research legal points + present reasoned conclusion on cases submitted to the ECJ
46
What T sets out the role of the ECJ?
Art 19 TFEU
47
What are the 2 key roles of the ECJ?
1. Judicial role | 2. Supervisory role
48
Judicial role of the ECJ?
Decide MS = failed fulfil obligations under EU Ts Case = usually initiated by Commission (Re Tachographs) Can be started by another MS Decision = binding + superior to national law Factortame (1990)
49
Factortame (1990)
Britain had to put aside Merchant Shipping Act 1988 - conflicted with EU law
50
Supervisory role of the ECJ?
Art 267 TFEU - hears references from national Cts for preliminary ruling on point EU law Doesn't have to decide case - interprets + clarifies Sends case back to Ct originated from, they apply Irrelevant what MS sends case - binding on all in future interpretations
51
What does the ECJ act as for UK citizens?
Another appeal route (points of EU law only)
52
What T does the referral procedure come under?
Art 267 TFEU
53
What UK Cts have mandatory referrals to ECJ?
Supreme Ct on Q of EU law; highest UK Ct Marshall v Southhampton Area Health Authority
54
What UK Cts can make discretionary referrals to the ECJ?
Any Ct but Supreme If they feel preliminary ruling = needed make judgement Torfaen Borough Council v B+Q (1986)
55
Torfaen Borough Council v B+Q (1986) What did it illustrate?
Mag Ct referred case - whether restrictions Sunday trading broke T of R Illustrates any Ct (even the lowest) can refer a matter of EU law directly to the ECJ
56
What are the 5 guidelines the CA give in Bulmer + Bollinger on when to make a discretionary referral to the ECJ?
1. Guidance must = necessary to reach decision in case 2. = no need to refer Q that = already decided by the ECJ 3. = no need to refer a point which is reasonably clear/ free from doubt 4. Ct must consider all the circumstances of case 5. Ct retains the right not to refer
57
What was the 1st case referred to the ECJ by the UK?
Van Duyn v Home Office (1974)
58
What are the 3 advantages of making a referral?
Lord Bingham: 1. ECJ has overview of EU 2. Able compare all circumstances of the case 3. ECJ = used to taking purposive approach
59
What are the 4 disadvantages of making a referral?
1. cause delays 2. Leads to ££ 3. Increase delays in ECJ 4. May be made contrary to parties wishes
60
What are the 3 impacts ECJ judgements have on MS?
1. Binds all Cts in MS - ensures uniformity 2. Modifies + changes law - affect sim cases in the future 3. Cts must consider ECJ ruling in application on national law
61
How is the ECJ different to English Cts?
1. Evidence = written 2. Use Advocate Generals 3. Deliberation of judges = conducted secretly 4. No dissenting judgement 5. ECJ not bound by previous decisions 6. Purposive method (UK = lit)

AS Law LA1 (13 decks)

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