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European Law

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What was the original aim of the EEC?
To create political unity in Europe and to prevent another world war.
What is the aim of the EU now?
To combine Europe into a single prosperous area by abolishing all restrictions affecting the movement of people, goods and money between member states, producing a single market which is available to all producers in the member states.
treaty of the European Union (TEU)
What are the two treaties which set out the rules which govern the EU?
The Treaty of Rome.
Which treaty established a number of institutions?
Council of the EU
What are the 4 main institutions?
What is the composition of the council of the EU?
Each member states government will send a representative to the council. This will usually be the foreign secretary but usually, the minister of state responsible for the subject under discussion will attend the meetings.
budget approval
What are the 6 functions of the council of the EU?
When passing EU Law, what do major decisions need to be?
Just a majority.
When passing EU Law, what do most decisions need to be?
Qualified majority voting.
What is the dominant voting method?
What is qualified majority voting?
Votes are weighted according to the member states population size.
What are summit meetings?
Where the heads of state meet (the prime ministers and presidents of all countries). They meet every 6 months or sooner by agreement.
Every 6 months.
When does the presidency of the the council rotate?
How many commissioners are in the European commission and why?
28 because each member state appoints a commissioner to represent and uphold the interests of the EU.
A 5 year term.
How long is each commissioner appointed for?
What is the commissioners appointment subject to?
The approval of the European parliament who can also dismiss them.
A specific policy area.
What is each commissioner responsible for?
What are the 5 functions of the European commission?
the proposal of New EU law and presents to the Council
What is the European parliaments main function?
To discuss proposals put forward by the commission.
What is the composition of the European parliament?
Members of the European parliament from every member state.
The citizens of the member states.
Who are members of the European parliament elected by?
Each country's population.
What is the number of MEPs proportionate to?
Every 5 years.
How often are MEPs elected?
What do the MEPs operate in?
They form political groups with people who have the same views instead of national groups.
How does parliament keep a check on the commission?
By examining reports it produces and by questioning the commissioners.
What are the 3 functions of parliament?
Debating and passing EU law with the Council
What must parliament also assent to?
Any international agreements the EU wants to enter into and it has an important role in deciding whether new countries should be admitted to the EU.
Where is the European Court of justice based?
Article 19 TEU.
Where does the ECJ get its power from?
What does Article 19 TEU state?
That it's main function is to ensure that the law contained in all the EU treaties is applied and observed by all the member states.
Who sits in the ECJ?
28 judges and 9 advocates general.
What will an advocate general do?
Research all legal points involved and to present publicly, with complete impartiality and independant, reasoned conclusions about cases referred to the ECJ, with a view to assisting the latter in the performance of its duties.
Who is the president of the ECJ?
One of the judges is elected for a term of 3 years.
What are the 5 things that the ECJ will deal with?
-References from a court in a member state for a preliminary ruling (Article 267 referrals)
How many judges will sit in the ECJ for a full court?
In the language of that country.
What language will the hearing be in where a case has been referred by a member state?
What language will judges deliberate in and why?
French as that is regarded as the common language.
What is an article 267 referral?
A court from a member state can refer a matter to the ECJ so that the ECJ can interpret a treaty or an act.
What does Article 267 state?
Where there is no appeal from the national court within the national system, then such a court must refer points of European law to the ECJ.
The supreme court.
Which court must refer to the ECJ?
Any discretion.
What does the supreme Court not have?
What is a mandatory referral?
When the court has no discretion and has to refer to the ECJ.
What is a discretionary referral?
All other courts may refer to the ECJ but they don't have to.
Torfaen Borough Council v B and Q plc (1990)
Which case is an example of a magistrates court referring a case for a preliminary ruling?
What does the ECJ do in an article 267 referral?
It does not make a decision about the case itself - It only interprets the EU law that is referred to in the case.
In the case of Bulmer v Bollinger (1974)
Where are the rules about discretionary referrals set out?
What did Lord denning say about discretionary referrals?
That they should only be made in limited circumstances.
Van duyn v Home office (1974)
What was the first case in England to be referred to the ECJ?
What does it mean that the commission is the guardian of the treaties?
It has a duty to refer any breaches of EU law to the ECJ.
It will have to pay compensation.
What will happen if a member state is found to have breached EU law?
Re Tachographs: Commission v UK (1979)
What is an example of the commission referring the UK breaching EU law to the ECJ?
Primary sources and secondary sources.
What two categories is EU law divided in to?
Primary sources.
What is the most important source of EU law?
What are primary sources?
What is a treatie?
An agreement between 2 or more countries.
Founding treaties, accession treaties and amending treaties.
What are the 3 different types of treaties?