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#law tort law and law making > #Exam 2- EU Law > Flashcards

#Exam 2- EU Law Flashcards

1
Q

When did Britain join the EEC

A

1st January 1973

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2
Q

When did the EU change it’s name from the EEC

A

1993

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3
Q

How many members are in the EU

A

28 member states

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4
Q

The UK leaving the EU comes under which article

A

Article 50

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5
Q

The treaty of Lisbon reconstructed the EU into two main treaties- what are they

A

The treaty of the EU

The treaty of the functioning of the EU

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6
Q

The main institutions of the EU were set up under which treaty

A

the treaty of Rome

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7
Q

What are the main institutions of the EU

A

The council of the EU
The European Commission
The European Parliament
The court of justice of the European Union

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8
Q

What is the council of the EU

A

A council which discusses broad matters of policy, they also are the main law makers of the union

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9
Q

Who are typically the representatives of each nation in the council of the EU

A

The foreign minister

Unless on a specific issue in which it could be someone like an agricultural minister

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10
Q

How long does the president of the council hold office for

A

A 6 month period

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11
Q

What is the double majority rule

A

55 per cent of member states vote in favour - 16 of member states vote in favour and …
Must have over 65% of total EU population

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12
Q

How many members are in the European Commission

A

28 commissioners each from a member state

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13
Q

What does the European Commission do

A

Puts forward ideas for new laws for the Council

Tries to ensure all treaties are implemented in each member state

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14
Q

What does the EU parliament do

A

Decide on international agreements
Decided to admit new member states
Reviews commissions work and asks to propose legislation
It can co legislate with the council and reject the EU commissions ideas

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15
Q

What determines how many MEPs a country has

A

It’s population

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16
Q

How many MEPs are there at this moment in time

A

751

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17
Q

What does the court of justice of the European Union do

A

Decides which member states have failed in obligations

Rules on points of European Union law when cases are referred to it under article TFEU

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18
Q

Article 267 of the TFEU states what

A

COJ OF EU has jurisdiction to give preliminary hearings concerning
Interpretation of treaties
Validity and interpretation of acts
Interpretation of statutes and bodies provided by the council

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19
Q

How many judge does each member state put forward

A

One each

20
Q

What are the three types of law under the EU

A

Treaties
Regulations
Directives

21
Q

What effect do treaties have

A

Directly applicable to member state countries- no act of Parliament needed

22
Q

What is direct applicability

A

Eu law automatically becomes part of UK law

23
Q

What is the direct effect

A

Allows UK individual to rely on EU law in court

24
Q

What are the two types of direct effect

A

Vertical direct effect

Horizontal direct effect

25
Q

What is vertical direct effect

A

Individual can use EU law to sue UK or a public body

26
Q

What is horizontal direct effect

A

An individual can use EU legislation against another individual

27
Q

What happened in MacArthys Ltd V Smith

A

Wendy Smith was paid less then her male predecessor for the same job. English domestic law stated that it was not illegal as they were employed at different times

28
Q

What case showed that the UK courts can directly apply European treaty law

A

Diocese of Hallam Trustee V connaughton

29
Q

What are regulations

A

Directly applicable, have direct effect

Laws issued by council of EU

30
Q

What case shows regulations have to be enforced in every member state

A

Re v Tachographs: commission V UK- UK didn’t enforce lorries to have mechanical recording equipment in them

31
Q

What are directives

A

Issued by council of EU, direct member states to bring their own laws in accordance with others so harmony is achieved

32
Q

Are directives directly applicable

A

No

33
Q

Can a person claim against state for not implementing a directive

A

Yes

34
Q

What is the vertical direct effect

A

An individual can claim against member state even when a directive has not been implemented by the state

35
Q

What is the horizontal direct effect

A

When a person can’t rely on EU directives to bring a claim against a member state state as it is not “an arm of the state”

36
Q

What is the exception to the horizontal directional effect

A

If the directive give rise to fundamental human rights- it can mean the horizontal direct effect can apply to things which aren’t arms of the state

37
Q

What is an arm of the state

A

Something what is being ran by the government or government has public control over it

38
Q

What case showed that action could be taken against member states for not implementing EU law

A

Francovich v Italian republic

39
Q

What did van Duyn v home office show

A

Individual entitled to rely on treaty provision

40
Q

What did MacArthys LTD V Smith show

A

Individual allowed to rely on treaty provision even if national law is different

41
Q

What did Re v Tachographs: commission V UK show

A

Regulations are applicable to the each MS

42
Q

What did Marshall v Southampton and SW health authority show

A

Individuals can rely on directives which have not been implemented when taking action against a states actions

43
Q

What did Costa v ENL show

A

EU takes precedence over national law

44
Q

What did the factorame case show

A

EU law takes precedence even when national law contradicts the EU law

45
Q

What does van Gand de Loos show

A

ECJ has right to decide whether EU or national law prevails

46
Q

What is an issue with EU

A

It affects Parliamentary sovereignty- Eu law has supremacy over national law

#law tort law and law making (12 decks)

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