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European Union Institutions Flashcards

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1
Q

When was the EU formed?

A

1957 by the Treaty of Rome.

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2
Q

How many countries were in the EU originally?

A

6 countries.

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3
Q

How many member states does the EU have today?

A

27 member states.

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4
Q

When did the UK join the EU?

A

1st January 1973.

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5
Q

What Act did Parliament pass when the UK joined the EU?

A

European Communities Act 1972

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6
Q

What treaty restructured the EU?

A

Treaty of Lisbon 2009.

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7
Q

What two treaties now set out the rules of the EU?

A

Treaty of European Union (TEU).

Treaty of the Functioning of the European Union (TFEU).

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8
Q

What are the main institutions of the EU?

A

The Council of the European Union
The Commission
The European Parliament
The Court of Justice

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9
Q

What other institutions of the EU are there?

A

Several ancillary bodies.

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10
Q

What is the most important ancillary body?

A

Economic & Social Committee.

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11
Q

How many Commissioners are there, how are they supposed to act?

A

27 Commissioners, one from each member state, independently from national origin.

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12
Q

What long are Commissioners appointed for? How can they be removed?

A

5 years, can only be removed by vote of censure by European Parliament.

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13
Q

Who is the Commission answerable to?

A

European Parliament.

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14
Q

How can the entire Commission be forced to resign?

A

If the European Parliament passes a motion of censure against them.

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15
Q

When did the European Parliament pass a motion of censure against the Commission?

A

1999 over allegations of fraud, but were re-instated.

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16
Q

What are the Commissioners responsible for?

A

An area of EU policy, heads a department.

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17
Q

What is the Role of the Commission?

A
  • Proposes policy and drafts legislation for the Council.
  • Ensures treaties and EU law are properly implemented by member states.
  • Has some legislative powers delegated by the Council.
  • Implements decisions taken by the Council.
  • Has administrative responsibility for the EU.
  • Manages EU’s common policies (e.g. overseas aid).
  • Has executive powers to implement the EU’s budget.
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18
Q

Evaluate the Commission.

A

Considered the most powerful EU body.

Commissioners are not directly elected by the electorate, so it’s not democratic.

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19
Q

Who attends the Council of the EU?

A

Representative of each member state, usually a Minister, sent by the government.

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20
Q

What does the person going depend upon?

A

The topic of discussion.

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21
Q

Who is the Council assisted by?

A

Coreper – committee of permanent representatives.

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22
Q

Who holds the Presidency of the Council of the EU?

A

Members take turns to hold it for six months.

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23
Q

What happens twice yearly in relation to the Council of the EU?

A

European Council - Heads of government attend summit to discuss broad matters of policy.

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24
Q

What is the Role of the Council of the EU?

A
  • Main decision making body of the EU.
  • Defines general political directions and priorities.
  • Art 288 TFEU – can issue regulations, directives and decisions.
  • Considers proposal for law, has power to commit governments to new policies.
  • “The Commission proposes, the Council disposes.”
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25
Evaluate the Council of the EU.
* Enables a lot of decision making to stay democratic. * More accountable than Commission as it’s answerable to national parliaments. * Operates in undemocratic way, takes decisions in secret. * Qualified Majority Voting – sometimes countries have decisions forced on them that they don’t agree with.
26
How are MEP’s elected?
By citizens of EU countries every five years.
27
Where and when does Parliament meet?
In Strasbourg and Brussels for up to a week in each place, each month.
28
How do MEP’s sit?
In political groupings, not country groups.
29
What is the Role of the European Parliament?
Discusses proposals put forward by Commission.
30
What do standing committees do?
Discuss proposals and report to Parliament for debate.
31
Are decisions made by the European Parliament binding?
No, but are every influential on Council of Ministers.
32
What can the Parliament do to drafts and directives proposed by the Commission?
Can give opinion and ask them to amend them to take account of Parliaments position.
33
What did the Treaty of Lisbon 2009 do in relation to the European Parliament?
MEP’s have more say in EU law making.
34
Evaluate the European Parliament.
* Has no real power. * Seen as giving democratic legitimacy to EU but doesn’t have same power as national parliament. * Its agreement is needed for any international treaty. * Has power over the budget, can veto it. * Has power to accept/reject Commissioners when they are nominated.
35
Where is the function of the Court set out?
Article 9 Treaty of the Functioning of the European Union.
36
Where does the Court sit?
Luxembourg.
37
How many judges sit on the Court?
27, one from each member state.
38
How many judges sit on a full court?
11 judges.
39
How many judges sit in a chamber?
3-5 judges.
40
To be appointed to the court, what must a judge hold?
The highest judicial position in their own country.
41
How long are judges to the court appointed?
Six years, can be reappointed for another six years.
42
How is the President of Court selected?
Judges select from amongst themselves.
43
Who assists the judges?
9 Advocates General.
44
What roles does the European Court have?
Judicial Role and Supervisory Role.
45
What is the Judicial Role of the European Court?
Court hears cases to decide if a member state has failed to fulfil obligations under EU treaties.
46
What two cases are associated with the judicial role of the European Court?
Re Tachograph; The Commission v UK (1979) | Factortame (1990)
47
What happened in Re Tachograph; The Commission v UK (1979)?
UK failed to implement a European Regulation on the use of tachographs in Lorries.
48
What is the legal principle of Re Tachograph; The Commission v UK (1979)?
European Court of Justice binds the UK courts on all matters relating to the European Union. UK was held to be in breach of the regulation.
49
What happened in Factortame (1990)?
Britain had to set aside The Merchant Shipping Act 1988.
50
What is the legal principle of Factortame (1990)?
It conflicted with EU law.
51
What is the Supervisory Role of the European Court?
Hears references from national courts for preliminary rulings on points of EU law.
52
What does the Referral Procedure mean?
Article 267 TFEU) Supreme Court must refer questions of EU law to ECJ. Mandatory referral.
53
What case is an example of mandatory referral?
Marshall v Southampton Area Health Authority (1986).
54
Does the CoA and other courts have to refer questions of EU law?
No, they have discretion.
55
What is the case associated with discretionary referrals?
Torfaen Borough Council v B&Q (1990).
56
What happened in Torfaen Borough Council v B&Q (1990)?
Magistrates referred case on whether restrictions existing on Sunday trading broke the Treaty of Rome.
57
What did Bulmer v Bollinger (1974) do?
CoA gave guidelines for courts to decide when to make a discretionary referral.
58
What are the guidelines given by Bulmer v Bollinger (1974)?
* Guidance must be necessary to come to a decision. * No need to refer a question which has already been decided in a previous case. * No need to refer a point which is reasonable clear and free for doubt. * Court must consider all circumstances of a case. * Court retains the right to refer.
59
What case is associated with the guidelines given in Bulmer v Bollinger (1974)?
International Stock Exchange ex parte Else (1993).
60
What happened in International Stock Exchange ex parte Else (1993)?
Emphasised that guidance must be necessary to come to a decision.
61
What was the first case referred to the ECJ by English courts?
Van Duyn v Home Office (1974).
62
Who states the advantages of making a referral and in what case?
Lord Bingham in Commissioners v Customs and Excise v Samex Aps (1983).
63
What are the advantages of making a referral?
* ECJ has the overview of the EU. * Able to compare all meaning of the measure in all European countries. * Used to taking a creative and purposive approach to legislation whereas UK adopts a more literal approach.
64
What are the disadvantages of making a referral?
* It causes delays. * Delays result in increased expense. * Increases delays in the EU court system. * Referral may be made contrary to the wishes of the parties.
65
What is the impact of judgements of the ECJ on Member states?
Rulings are binding in all EU states, to ensure uniformity. Therefore courts must consider a ECJ ruling when applying/interpreting English law.
66
What are the differences between the ECJ and English Courts?
* Evidence is presented written rather than orally. * Use of Advocates Generals. * Deliberations of judges are conducted secretly. * ECJ is not bound by previous decisions. * Prefers the purposive method of interpretation. Wide rights to study external aids of interpretation.

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