EU Law

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  • Created by: _marxlee
  • Created on: 11-01-18 16:18
what date did uk become a member of the european communities?
1st january 1973
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what happened in 1992?
the maastricht treaty renamed the eec as the european community and the geographical entity formed by the member states became the european union
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what year was the single european act?
1986
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what did the single european act initiate?
moves towards the harmonization of laws across member states
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who established the 3 pillars of the european union?
the maastricht
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what were the 3 pillars of the european union?
the european community, common foreign and security policy and police and judicial cooperation in criminal matters
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when was the treaty of lisbon ratified by the uk?
19th june 2008
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the treaty of lisbon amended which two treaties?
the european union, treaty of rome
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what were the most significant changes?
creation of a long term president of the european council, the elimination of the pillar system, more qualified majority voting in the council of minister, increased involvement of the european parliament in the legislative process
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list the institutions of the european union
the european commission, the council of ministers, the european parliament, the court of justice of the european union, the general court
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what is the role of the european commission
proposes new law-protection of citizens-proportionality and subsidiarity-once all agree its sent to parliament and council for final approval- guardian of the treaties-power to impose a financial penalty to any EU member state
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role of the council of ministers
formed by members of each member state-set criteria for EU membership-combatting terrorism and organised crime-governments of the 28 states- representing member states
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role of european parliament
representing citizens- 750 members of parliament + one president- directly elected- UK=72 MEPs Germany-99 MEPs- Great power in European Parliament- debate and pass new laws
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role of court of justice of the european union
upholds the rule of EU law-ensuing consistency between EU countries-settling disputes between EU gov+ institutions- hearing cases that are brought before it-preliminary hearings- failure to fulfil an eu obligation-actions for annulment- apps from gc
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role of general court
direct actions against the institutions, bodies, offices or agencies of the European Union-actions brought by the member states against the commission-brought by the member states against the council-
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role of the european council
heads of state or government of EU countries+ its president +the president of the commission. 1974 introduced- deal with policy matters at highest level- acquired formal status in the Maastricht treaty –became a formal institution of the union
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what are primary sources of law?
the founding treaties. Provide the framework of competencies between the EU as a body and its member countries. Set out a broad legal framework within which the institutions implement EU policy.
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what are secondary sources of law?
supplement the primary sources-more detailed treatment of the law in a given area + establishing how the principles and objectives identified in the primary sources are to be achieved. Comprise unilateral acts and conventions and agreements
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what is supplementary law?
covers the case law of the CJEU- relevant international law, custom and usage, and general unwritten principles of law and justice
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when is a provision of eu law directly applicable?
if it automatically becomes part of the law of an EU member state to enact any further legislation
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when is a provision of eu law directly effective?
if it creates right upon which individuals may rely in their national courts and which are enforceable by those courts
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what is a vertical direct effect?
if it can be enforced against an EU member state in its own court
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what is a horizontal direct effect?
if it can be enforced against another individual in the courts of an EU member state.
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who will be involved in the negotiations?
•European council- 28 member states • The European commission •the European parliament •The council of ministers of the European union
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process to withdraw from EU
• UK should give notice and intention to with drawl to European council • Commission makes recommendation to the council for the negotiation • Council adopt an negotiating ? and nominate a union negotiator • Negotiation start
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what is negotiated?
•The rights of EU citizens living in the UK and of UK citizens living in the EU • Access to EU agencies that play a role in UK domestic law, such as the European medicines agency How to allocate unspent funds, access to single market
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advantages of the common market
• Increases choice for consumers • Lowers costs for both consumers and businesses • Enables firms to access larger markets and specialise • Creates additional competitive pressure which pushes up productivity
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what is one of uks options for access to the single market?
• Membership of EEA- maintain full membership on the EU-nothing really would change
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what is one of uks options for access to the single market?
• Free trade agreement- set up before the promotion of trade agreements between the EU and third country. EU has economic agreement with Canada etc. Arrangements can help reduce the cost for import and export.
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what is one of uks options for access to the single market?
•World trade organisations- WTO- establishes a cost of import and export- same for other country- pay same as China, Thailand etc. UK would be under EU law only under exportation. EU law has strict rule on importing food goods, services etc.
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what is article 50 of the lisbon treaty?
a country can withdraw from EU if it gives notice- general term
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what happened in march 2017
The UK government triggered article 50. Under article 50, the parliament must approve the Brexit agreement by a majority – 2 year negotiation period- final agreement should be approved by the UK and by 20 member states
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Card 2

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what happened in 1992?

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the maastricht treaty renamed the eec as the european community and the geographical entity formed by the member states became the european union

Card 3

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what year was the single european act?

Back

Preview of the front of card 3

Card 4

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what did the single european act initiate?

Back

Preview of the front of card 4

Card 5

Front

who established the 3 pillars of the european union?

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Preview of the front of card 5
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