LAW OF THE EUROPEAN UNION

Question 1

BACKGROUND OF THE EU

Answer 1

• UK was part of the EU from 1973 until 2020
• Set up by the Treaty of Rome 1957
• 27 member states
• Supremecy of EU law had to be accepted over national law

Question 2

ROLE OF THE EUROPEAN PARLIAMENT

Answer 2

• Decides on international agreements
• Decides whether to admit new members
• Reviews commissions work programme and asks it to propose legislation

Question 3

MEMBERS OF THE EUROPEAN PARLIAMENT

Answer 3

• Elected every year
• Number of MEPs from each country represents size of its population
• MEPs form political groups
• Can approve or reject a proposal by the Commission

Question 4

FUNCTIONS OF THE EU COMMISSION

Answer 4

1) Puts forward proposals for new laws to be adopted by Parliament and the Council
2) Guardians of the treaties - ensures treaty provisions are adopted and properly implemented
3) Responsible for the administration of the EU

Question 5

THE COUNCIL OF THE EU

Answer 5

• Principal law making and decision making body of the EU
• Negotiates, amends and adopts laws alongside with the European Parliament
• The Foreign Minister is usually the countries main representing

Question 6

SOURCES OF EU LAW : TREATIES

Answer 6

• Treaty of Rome 1957 : Established common market which became the EU
• Treaties of Accession for when a new member joins the EU
• Maastric Treaty 1992 - shared EU citizenship and attempted single currency
• Treaty of Lisbon - amended Treaty of Rome and Maastric

Question 7

SOURCES OF EU LAW : SECONDARY LEGISLATION

Answer 7

1) Directives - Legislative Act that sets out a goal all EU countries must achieve within a set time
2) Regulations - Issued by European Council under Article 288 TFEU - becomes part of domestic law with no further legislation required

Question 8

IMPACT OF EU LAW ON UK LAW

Answer 8

• A citizen of a member state can rely on directly applicable law contained in Treaties and Reguletions go enforce their rights as they automatically become.e part of the law in a member state

Question 9

CJEU

Answer 9

• Article 19 TEU - Court must ensure that in the interpretation and application of the treaty the law is observed uniformly in all member states
• Appointed on 6 year terms
• Self select a President
• Court sits in Luxembourg
• 1 judge from each member state

Question 10

CJEU ROLE

Answer 10

1) Hearing cases to decide if a MS has failed to fulfil its obligstion under EU treaties
2) Hearing references from national courts for preliminary rulings on points of EU law
3) Rulings of CJEU are binding on all members states

Question 11

PARLIAMENTARY SUPREMACY

Answer 11

• EU law takes precedence over national law of every member state
• In Costa v ENEL the CJEU decides that even if there was a later national law, it did not take precedence over EU law
• Factortame : CJEU states that the UK could not enforce the Merchant Shipping Act 1988 as it went against the Treaty of Rome
• As the UK left Parliament regained its sovereignty