EU Law

Question 1

What is EU law

Answer 1

• EU established in 1957
• 27 member states
• Economic/social union
• Single market (1999)
• Brexit = UK no longer bound by ECtJ

Question 2

What are the institutions in EU law

Answer 2

• EU Commission
• EU Parliament
• EU Council
• European Court of Justice

Question 3

Describe the role of the EU Commission

Answer 3

• 27 impartial commissioners (head of dept responsible for specific policy)
• Propose policies to council/parliament
• Ensures MS’s comply with EU law (Re Tachographs: Commission v UK)
• Admin + EU budget management)

Question 4

Describe the role of the EU Council

Answer 4

• 27 ministers (heads of MS)
• x2 summit meetings a year
• Qualified majority voting (vote weighted on population size)
• Approve commission proposals
• Principle EU law maker

Question 5

Describe the role of EU Parliament

Answer 5

• 705 members (MS have members proportionate to population)
• Directly elected x5 a year
• Meet monthly
• Standing committee consider commission proposals
• Joint law maker with council
• Make decisions on international agreements
• Review commissions work
• Can sack entire commission (1999)
• Make decisions on MS applications

Question 6

Describe the role of the European Court of Justice

Answer 6

• 27 Judges (appointed 6 year term from Senior Judges/legal academics)
• 11 sit in full Ct (3/5 in smaller Cts)
• 11 advocate generals assist
• Ensure EU law is followed properly
• Hear disputes about breaches (Tachographs)
• Give rulings (non binding) on MS questions about EU law (Bulmer v Bollinger)
• Art 276 TFEU = procedure for guidance (Van Duyn v Home Office, Torfaen Borough Council v B + Q)

Question 7

What are the sources of EU law

Answer 7

• Treaties
• Regulations
• Directives

Question 8

Describe treaties

Answer 8

• Agreements between heads of member states
• Directly applicable (automatically under domestic law)
• Direct effect (invoked in national Ct) = Van Duyn v Home Office, MaCarthy Ltd v Smith
• Vertical direct effect (individual v state) = Marshall v Southhampton Health Authority
• Horizontal direct effect (individual v individual)

Question 9

Describe regulations

Answer 9

• Decided by institutions
• Apply to every MS
• Directly applicable
• Bring action (Tachographs)
• Vertical and Horizontal direct effect

Question 10

Describe directives

Answer 10

• Decided by institutions
• Not directly applicable (time to implement)
• Implemented via parliamentary statute (Consumer Protection Act 1997) or DL/SI/OiC (Electricity Equipment Regulations 2010)
• No direct effect unless missed implementation deadline (Foster v British Gas)