EU Institutions: Case Law / Legislation

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Treaty of Rome
Formed the European Union in 1957 consisting of six member states
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European Communities Act 1972
The passing of this legislation led to the formal integration of the UK into the European Union
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Treaty of Lisbon 2009
This restructured the European Union, now there are two treaties that contain the rules of the EU: TEU & TFEU
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Article 288 TFEU
Allows the council to issue regulations, directives and decisions
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Article 19 TFEU
The ECJ must "ensure that in the interpretation and application of the Treaty the law is observed."
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Article 253 TFEU
Judges are appointed
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Re Tachographs; The Commission v UK 1979
UK failed to implement a mandatory European regulation thus were taken to court and it was held that the UK must follow the EU on all matters relating to the Treaties.
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Factortame 1990
British legislation: Merchant Shipping Act 1988 conflicted with EU law.
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Article 267 TFEU
ECJ has a supervisory role. National courts can refer to the ECJ for a preliminary ruling on EU points of law
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Referral Procedure under Article 267 TFEU
Supreme Court must refer questions of EU law to the ECJ. This is a mandatory referral
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Bulmer v Bollinger 1974
Court of Appeal issued guidelines to assist English courts in deciding to make a discretionary referral.
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International Stock Exchange ex parte Else 1993
A referral should be made where the referral would be critical to the outcome of the case.
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Commissioners v Customs and Excise v Samex Aps 1983
Lord Bingham concluded the advantages of making a referral to the ECJ
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The passing of this legislation led to the formal integration of the UK into the European Union

Back

European Communities Act 1972

Card 3

Front

This restructured the European Union, now there are two treaties that contain the rules of the EU: TEU & TFEU

Back

Preview of the back of card 3

Card 4

Front

Allows the council to issue regulations, directives and decisions

Back

Preview of the back of card 4

Card 5

Front

The ECJ must "ensure that in the interpretation and application of the Treaty the law is observed."

Back

Preview of the back of card 5
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