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EU Law

Law Unit 1

QuestionAnswer
When did the UK join the EU? 1st January 1973
Since when did EU law come an important source of law? 1st January 1973
When did the UK vote to leave the EU? 23rd June 2016
Name an impact of EU law on England and Wales EU law takes precedence over national law
Name the 2 cases which had an impact of EU law on England and Wales Van Gend en Loos (1963) Costa v ENEL (1964)
Explain Van Gend en Loos (1963) Conflict between Dutch Law and EU law on Customs Duty. It was decided that the EU has the right to decide whether EU law or national law prevails
Explain Costa v ENEL (1964) EU law takes precedence over national law
Since joining the EU, what have judges decided to do? Ignore laws made by Parliament if they conflict with EU
Explain Factortame case (1990) The ECJ decided that the Merchant Shipping Act 1988 could not be enforced against EU nationals. Contravened with the Treaty of Rome.
What are the effects of EU law on Parliamentary Sovereignty -MS have transferred sovereign rights to the EU. -MS can't rely on own law when conflicts w/ EU Law -While UK remains member of EU it will always have supremacy. -Only way a MS can retain their full power is if they withdraw from the EU.
What is the Treaty of Lisbon? In 2009, the Treaty of Lisbon restructured the EU
What are the two main treaties? -Treaty of European Union (TEU) -Treaty of the Functioning of the European Union (TFEU)
What are the institutions of the EU? -The Council of the EU -The Commission -The European Parliament -The European Court of Justice (ECJ)
What is the Council made up of? Ministers from each ms (28)
What are council meetings in the Council? The minister responsible for each topic will attend Council meetings.
What is the summit? Gov. heads meet twice a year in ‘Summit’ to discuss broad matters of policy
How do they elect a President in the Council? Every six months, a different MS is the President of the Council
What is the role of the Council? Create and propose laws to the EU parliament
What is the double majority rule? Council decisions must be supported by a min. of 16/28 of the MS AND must represent 65% of EU population (Double Majority Rule) but certain matters require unanimity .
What is the Commission made up of? -28 Commissioners who act independently. -One commissioner per MS; appointed for a 5 year term -Can only be removed by vote of censure by the European Parliament
What is the role of each Commissioner? Each Commissioner heads a department with responsibility for one area of Union policy.
What are the roles of the Commission? -Proposals for new laws -Ensures that treaty provisions are properly implemented -Responsible for the administration of the Union and has powers to supervise how the Unions’s budget is spent.
What are MEPs (Member of EU Parliament) ? They are directly elected representatives from all MS which takes place every five years. The number of MEPs from each country is determined by the size of the population of the country
What happens in EU Parliament meetings? -Meet once a month. -Standing Committees which discuss proposals made by the Commission and then report to full Parliament for debate.
What is the role of the EU Parliament? -It co-legislates w/ the Council. -It can approve, reject /amend a proposal made by the Commission. -Decides on international agreements. -Decides on whether to admit a new MS. -Reviews the Commissions’ work and ask it to propose legislation.
What is the ECJ (European Court of Justice) made up of? 28 judges (1 per MS), has been appointed for 6 years
How do they elect a President in the ECJ? Judges select one of themselves to be President of the Court.
What is the role of the ECJ? Article 19 of TEU all set out under the act. The courts task is to ensure that the law is applied consistently in all MS
What are the two key functions of the ECJ? -Hears cases to decide whether MS have failed to fulfil their obligations under the Treaties. -Hears references from national courts for preliminary rulings on points of EU Law.
What is Re Tachographs: The Commission v UK (1979) -UK had to implement a council regulation on the use of Tachographs in vehicles used for the carriage of goods.
What is Preliminary Rulings? -Request for PR is under Art. 267 TFEU -Binding on C. in all MS – has to follow -Supreme C. must refer Q. of EU Law as highest appeal C. in UK -ECJ provides clarity on points of law – doesn't decide case. Case returned to orig. C. for ruling applied
What are the operations of the ECJ? -Deliberations of judges are in secret -Decisions are made by a majority vote and signed by those who formed part of the panel who came to the decision. -ECJ not bound by its own previous decisions.
What are the 3 types of secondary sources? -Treaties -Regulations -Directives
What is the European Communities Act 1972? Any Treaties made under the EU are automatically part of the UK law
What does binding mean? Has to be followed
What does directly applicable mean? Come into effect automatically
Are treaties binding? Yes
Are treaties directly applicable? Yes
What are the cases to do with treaties? -Van Duyn v Home Office -Macarthys Ltd v Smith (1980)
Explain Van Duyn v Home Office -Dutch national associated with Scientology, was refused entry to the UK. -She sued, citing Treaty of Rome aand case was referred to ECJ. -Able to rely on art. 45 on the Treaty of the Functioning of the EU; freedom of movement
Explain Macarthys Ltd v Smith (1980) -Wendy Smith was paid less than the man before her. -She sued but was ignored -Took to the ECJ, able to claim that it was in breach of art. 157 TFEU over equal pay for men and women
What does article 288 TFEU say? -Regulations are binding and directly applicable in each MS -They automatically become law in each MS; require immediate
What case is to do with regulations? Re Tachographs: Commission v UK (1979)
Explain Re Tachographs: Commission v UK (1979) -Regulation needed mechanical recording equipment to be installed in lorry -UK gov. decided not to implement but leave lorry drivers to decide -ECJ held that MS had no choice of regulations -Wording of art. 288 meant reg. automatically law in all MS
What are directives? Issued by the EU and direct all MS to bring in the same laws throughout all the countries
Are directives binding? Yes
Are directives directly applicable? No
If directives aren't directly applicable, then what happens? -MS will pass their own laws to bring directives into effect -This will be through SI or Statute; time limit set by the Commission
What are the two types of direct effect? Vertical direct effect and horizontal direct effect
What is vertical direct effect? Where individuals can enforce a European provision against the country or state
What is the case to do with vertical direct effect? Marshall v Southampton and South est Hampshire Area Health Authority (1986)
Explain Marshall v Southampton and South est Hampshire Area Health Authority (1986) -Marshall had to retire at 62 unlike men 65 -Under Sex Discriminatory Act 1975 wasn't discriminatory -ECJ ruled in her favour as of Equal Treatment Directive 76/207
What is the concept of vertical direct effect? MS can't take advantage of its own failure to comply with EU law and implement a directive. Individuals can rely on the directive when bringing a claim against the state.
What is horizontal direct effect? Where individuals enforce a European provision against other individuals
What is the case to do with horizontal direct effect? Duke v GEC Reliance Ltd (1988)
Explain Duke v Reliance Ltd (1988) Mrs Duke couldn't sue against discrimination, as the Equal Treatment Directive wasn't implemented and so could not sue against the company because it wasn't seen as an 'arm of the State'
Created by: jxkxx