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European law Flashcards

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1
Q

European Communities Act 1972 S.3

A

UK courts are bound by the rulings of EU law made by the CJEU

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2
Q

UK courts are bound by the rulings of EU law made by the European Court of Justice (CJEU)

A

European Communities Act 1972 S.3

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3
Q

CJEU

A

European Court of Justice

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4
Q

European Union Act 2020

A

UK courts ‘need not but where appropriate have regard to’ any rulings made by CJEU after withdrawal

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5
Q

UK courts ‘need not but where appropriate have regard to’ any rulings made by CJEU after withdrawal

A

European Union Act 2020

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6
Q

Practice Direction 3 and 4 of 2009 allows the Supreme Court to what?

A

overrule its own decision made in line with the CJEU

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7
Q

What allows the Supreme Court to overrule its own decision made in line with the CJEU?

A

Practice Direction 3 and 4 of 2009

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8
Q

Between 1973-2020, what took precedence over Acts of Parliament and common law decisions?

A

All EU treaties and regulations

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9
Q

Between 1973-2020, all EU treaties and regulations took precedence over what?

A

Acts of Parliament and common law decisions made by UK courts

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10
Q

Between what years did all EU law take precedence over UK law?

A

1973-2020

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11
Q

Members states transfer what to the EU?

A

Sovereign rights

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12
Q

Van Gend En Loos 1963

A

As long as EU treaty is clear, precise and unconditional it can be used and will take precedent

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13
Q

As long as EU treaty is clear, precise and unconditional it can be used and will take precedent

A

Van Gend En Loos 1963

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14
Q

Factortame 1990

A

CJEU decided that the Merchant Shipping Act 1988 could not be enforced because it violated the Treaty of Rome

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15
Q

CJEU decided that the Merchant Shipping Act 1988 could not be enforced because it violated the Treaty of Rome

A

Factortame 1990

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16
Q

What Act could not be enforced because it violated the Treaty of Rome?

A

Merchant Shipping Act 1988

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17
Q

The Merchant Shipping Act 1998 could not be enforced because it violated what treaty?

A

The Treaty of Rome

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18
Q

Example of a regulation

A

Unfair Terms in Consumer Contracts Regulations 1994

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19
Q

Regulations are binding in the same way as what?

A

Treaties

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20
Q

Treaties are binding in the same way as what?

A

Regulations

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21
Q

Who issues regulations?

A

The European Council

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22
Q

Case in which EU regulations took precedent in the UK

A

Tachographs case 1979

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23
Q

Tachographs case 1979

A

A case in which EU regulations took precedent in the UK

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24
Q

What is a directive?

A

A legislative act that sets out a goal that all EU countries must achieve within a certain time frame

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25
Directives can be implemented by what?
- Acts of Parliament - Delegated legislation
26
Treaties have ________ ____ and are ______ __________ under the European Communities Act 1972 S.2(1)
- immediate effect - directly applicable
27
Treaties have immediate effect and are directly applicable under what Act?
European Communities Act 1972 S.2(1)
28
European Communities Act 1972 S.2(1)
Treaties have immediate effect and are directly applicable
29
Examples of treaties
- Treaty of Rome 1957 - Treaty of Lisbon 2007
30
Other name for the Treaty of Rome 1957
The Treaty of the Functioning of the European Union (TFEU)
31
Other name for The Treaty of the Functioning of the European Union (TFEU)
The Treaty of Rome 1957
32
Other name for The Treaty of the European Union (TEU)
Treaty of Lisbon 2007
33
Other name for Treaty of Lisbon 2007
The Treaty of the European Union (TEU)
34
What does the CJEU do?
Gives opinion on matters of European law
35
Gives opinion on matters of European law
CJEU
36
What type of precedent is the CJEU after 2020?
persuasive
37
ECtHr
European Court of Human Rights
38
Interpretation bodies in the EU
- ECtHr - CJEU
39
Law making bodies in the EU
- The European Commission - The European Council - The European Parliament
40
- The European Commission - The European Council - The European Parliament
Law making bodies in the EU
41
- ECtHr - CJEU
Interpretation bodies in the EU
42
The European Commission commissioners
- 1 from each member state - serve a 5 year term - head a department with responsibility for one area of union policy
43
Commissioners in the European Commission serve a term of how many years?
5
44
Example of areas of EU policy
- economy - agriculture - environment
45
- makes suggestions for new legislation - refers the country that has not implemented a directive to the CJEU - Implements and supervises the spending of the Union’s budget
The European Commission
46
What does the European Commission do?
- makes suggestions for new legislation - refers the country that has not implemented a directive to the CJEU - Implements and supervises the spending of the Union’s budget
47
What does the European Council do?
Works with the European Parliament to negotiate, amend and adopt laws
48
Works with the European Parliament to negotiate, amend and adopt laws
The European Council
49
What is the principle law-making and decision-making body in the EU?
The European Council
50
What does each member state do in the European Council?
Send a representative to the Council, where they commit their governments to the laws agreed upon
51
Who can be the representative of a member state in the European Council?
- their Foreign Minister - a minister responsible for the subject under consideration
52
What happens twice a year in the European Council?
Heads of government meet in the council to discuss broader matters of policy
53
Who assists with the work of the European Council?
A committee of permanent representatives
54
A committee of permanent representatives assists with the work of what body?
The European Council
55
President of the Council
- member states take turns to provide the President - serves a 6 month term
56
- member states take turns to provide them - serves a 6 month term
President of the Council
57
MEPs meaning
Members of European Parliament
58
How often are MEPs elected?
every 5 years
59
The number of MEPs from each country depend on what?
population size
60
Who are MEPs elected by?
The member state who they represent
61
What groups do MEPs form?
Political rather than national groups
62
The European Parliament meet once a month to what?
- discuss proposals made by the European Commission - decide whether to admit new member states
63
How often do heads of government meet in the European Council to discuss broader matters of policy?
Twice a year
64
Proposals made by the European Commission are requested by who?
The European Parliament
65
How often do The European Parliament meet?
Once a month

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