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Flashcards in European Union Deck (17)
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1
Q

European community

A
treaty of Rome as revised by single European act. 
Single market. 
Democratisation of the institutions.  
European Citizenship. 
Economic and monetary union.
2
Q

Common foreign and security policy

A

common foreign policy

eventual common defence policy based on the western European union

3
Q

Justice and Home affairs

A

Closer cooperation.

4
Q

institutions of the European Union

A

The European Commission.
The council of ministers.
The European Parliament.
The court of Justice of the European Union.

5
Q

European commission

A

Represents and upholds the interest of the EU as a whole.
Proposes new laws based on the principles of subsidiarity and proportionality.
Enforcement of European law. It can take action against EU member states that are in breach of their obligations under treaties or failure to implement EC legislation.
Managing and allocating EU funding.
Purely recommended by member states.

6
Q

The council of ministers / the council of European Union

A

Sets criteria for EU membership.
Shares responsibility with European parliament for passing EU laws.
Develops EU foreign and defence policies.
With parliament it approves EU budget.

7
Q

The European Parliament

A

Directly elected.
750 members of parliament and 1 president.
UK has 72 MEP’s.
Exercises supervision over other eU institutions.
Debates and adopts EU budget.
Together with the council it debates and passes new laws.

8
Q

CJEU role

A

To ensure EU law is interpreted and applied the same in every EU country; ensuring countries and EU institutions abide by EU laws.

9
Q

CJEU cases

A
Preliminary rulings.
Failure to fulfil an EU obligation. 
Actions for annulment (illegality of EU bodies contrary to EU law. 
Actions for failure to act. 
Direct action. 
Appeal to the general court.
10
Q

Sources of EU law

A

Primary sources found in treaties.
Secondary sources such as regulations, directives, unilateral acts, conventions and agreements.
Supplementary law which is case law of the CJEU, international law, general unwritten principles.

11
Q

how does EU law come into UK law.

A

European Communities Act 1972.
Supremacy of EU law (1963)
Eu law has direct effect in national states.
Doesn’t need legislation as it automatically becomes part of the state’s law.

12
Q

direct applicability.

A

An EU law is directly applicable if it automatically becomes part of domestic law in an EU member state without the need of enacting further legislation.
Concern with the incorporation of EU law into the domestic legal system of member states into the domestic systems of member states.

13
Q

Direct effect

A

EU law is directly effective if it creates rights upon which the individual may rely on their national court.
It is concerned with the enforceability of EU law.

14
Q

what are the 3 necesary situations to establish direct effect of EU law.

A

The provision must be sufficiently clear and precisely stated.
It must be unconditional and not dependent on any other legal provision.
It must confer a specific right upon which a citizen can base a claim.

15
Q

vertical direct effect

A

concerns the relationship between EU law and national law - specifically the states obligations to ensure its observance and its compatibility with EU law, thereby enabling citizens to rely on it in actions against the state or against public bodies.

16
Q

Horizontal direct effect

A

Concerns the relationship between individuals.
Citizens are able to rely on EU law in actions against each other.
Certain provisions of the treaties and legislative acts such as regulations are capable of being directly enforced horizontally.

17
Q

indirect effect

A

member states of the EU are required to interpret national law in line with provisions of EU law.
Von Colson and Kaman v Land Nordrhein-Westfalen: the ECJ ruled that national courts should interpret national law in line with the directive, “in so far as it is given discretion to do so under national law”