European Union

Question 1

Explain the formation of the EU.

Answer 1

• UK joined in 1933- was known as European Economic Community.
• Name changed to EU in 1993- introduced by Treaty of EU.

Question 2

Explain the council of the EU as an institution of the EU.

Answer 2

• Gov of each nation sends a rep to council- usually their foreign minister.
• Meet 2x a year- once called ‘summit’ + other is progress meeting.

Question 3

Explain the commission as an institution of the EU.

Answer 3

• Appointed for 5 year term- only removed by vote of censure by European Parliament.
• 27 Commissioners (each member has 1)- independent party- acts independently from nation.

Question 4

Explain the European parliament as an institution of the EU.

Answer 4

• Directly elected by electorate of member states- number of members per state depends on population
• Meet once a month to discuss proposals made by commission, then report to full Parliament for final debate.

Question 5

Explain the court of justice of the EU as an institution of the EU.

Answer 5

• Article 19 of TEU: sets out functions.
• 27 judges appointed for term of 6 years.
• Supreme Court must refer questions of EU law here, since its highest appeal court in system.

Question 6

Explain treaties as a source of EU law.

Answer 6

• Primary source of EU law.
• Treaties made by EU are automatically part of our law + allows individuals to rely on it.

Question 7

Explain regulations as a source of EU law.

Answer 7

• Secondary source of EU law.
• Laws issued by EU which are binding on member states + automatically apply in each member country.

Question 8

Explain directives as a source of EU law.

Answer 8

• Secondary source of EU law.
• Issued by EU + direct all member states to bring in same laws throughout all countries. Would have to bring in an order in council to follow directive.
• Example: on topics such as banking.

Question 9

Evaluate the impact of EU law on the law of England + Wales.

Answer 9

• Van Gend En Loos: EU law takes precedent over national law.
• Costa v ENEL: even if there was a later national law it didn’t take precedence over EU law.
• EU has supremacy over national law- reduces sovereignty of parliament.