European Union Law
main institutions
the Council of the European Union, the European Commission, the European Parliament, the Court of Justice of the European Union
Council of the European Union
A European Union institution in which the relevant ministers (foreign, economic, agriculture, finance, etc.) of each member state meet to enact legislation and reconcile national interests. Principal law-making body of the EU
Court of justice of the european union
Hears cases to decide whether Member States have failed to fulfil obligations under the Treaties. Hears references from national courts for preliminary rulings on points of European Union Law
direct effect
Allows a UK individual to rely on EU law in UK courts
vertical direct effect
An individual can use EU legislation to sue the UK or a public body
horizontal direct effect
An individual can use EU legislations against another individual
Preliminary rulings
Can be given concerning the interpretation of treaties, the validity and interpretation of acts of the institutions of the Union, the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide
Marshall
Case where vertical direct effect was applied, as the C was able to claim even though a Directive had not been implemented SO CONFUSED JUST MOVE ON
independently
Commissioners act ________ of their national origin
European Parliament
Commissioners can be removed from their 5 year term of office by a vote of censure by
Van Gend en Loos
Conflict of Dutch law and European Union law on customs duty. The Court of Justice of the EU decided that EU law should always prevail over Dutch law
direct applicability
EU law that automatically becomes part of the UK law. There is no need for the UK to pass any Act of Parliament to bring it into force in the UK. Treaties are directly applicable
European Parliament
Elected EU body that provides consultation on issues proposed by European Commission, can now co-legislate, decides whether to admit new Member States, reviews Commission's work programme
5 years
How long are Commissioners appointed for in the European Commission
6 years
How long are judges of the Court of Justice of the EU appointed for (there can be on reappointment for a further this time)
28
How many Commissioners are there in the European Commission
11
How many judges sit for a full court in particular cases prescribed by the Statute of the Court or where the Court considers that a case is of exceptional importance
3 or 5
How many judges sit in other cases on the Court of Justice of the EU
28
How many member states in EU
751
How many members of the European Parliament are there
Article 50 of the Treaty of the European Union
In 2016 the UK voted to leave the EU in an advisory referendum, this will take effect under
double majority
In order to pass a law in the EU by the Council of the EU, there must be
EU regulation
Laws issued by the Council of the European Union, which are binding on Member States and automatically apply in each member country
Article 267 TFEU
Preliminary rulings are governed by
treaties
Primary source of European Union Law
European Commission
Responsible for proposing EU legislation, implementing it, and monitoring compliance
2009 Treaty of Lisbon
Restructured the EU. There are now two treaties setting out its rules. These are the Treaty of European Union and Treaty of the Functioning of the European Union
regulations directives decisions
Secondary sources of European Union Law
Macarthys Ltd v Smith
The C was paid less than her male predecessor for exactly the same job. There was no breach of English domestic law but the C was able to claim that the company employing her was in breach of Article 157 TFEU over equal pay and this claim was confirmed by the Court of Justice of the European Union
Article 19 Treaty of European Union
The Court of Justice of the EU must ensure that in the interpretation and application of the Treaty the Law is observed
Tachographs case
The Court of Justice of the European Union decides whether Member States have failed in their obligation (Article 258 TFEU)
Van Duyn v Home Office
The Court of Justice of the European Union hears preliminary rulings (Article 267 TFEU) Scientology ban
proportional to size of country
The number of MEPs from each country is
Connaughton
The person employed directly after the C was paid 20,000 whilst she used to only be paid 11,000. The Employment Appeal Tribunal considered Article 157 TFEU about equal pay and this allowed the C to make a claim. UK courts can apply European Treaty law directly rather than wait for the Court of Justice of the EU to make a ruling
Treaty of European Union and Treaty of the Functioning of the European Union
The two treaties that set out the rules of the European Union
Tachographs case
There is direct applicability on all regulations made by the Council of the European Union
EU directives
These are issued by the Council of the European Union and direct all Member States to bring their own laws on a topic so that harmony is achieved throughout the EU
55% of Member states 65% of EU population
What is the double majority when it comes to voting in the EU
statutory instrument
What is the usual method of implementing Directives in the UK
Luxembourg 28
Where is the Court of Justice of the EU and how many judges are in it
Advocate General under Article 253 TFEU
Who has the task under what article to research al the legal points involved and present publicly, with complete impartiality and independence, reasoned conclusions on cases submitted to the Court of Justice with a view to assisting the latter in the performance of it duties
