Law EU

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  • Created by: 10dhall
  • Created on: 17-11-16 10:12
When was the EU established?
in 1957 under the Treaty of Rome
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When did the UK enter?
1972
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How many states does it have?
28
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What are the arguments in favor?
Employment rights, free medical help, stronger voice in the world
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Arguments against?
We have not benefited, expense, immigration concerns
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What does the EU provide?
Health, education and training, free movement
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What are the institutions?
The council of ministers, the commission, the EU parliament and the EJC
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The commissioners?
Every country has 1 commissioner, 5 year term, each commissioner has their own responsibility
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What does the commission do?
Proposes legislation, enforces EU law, issues regulations
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What does the council of ministers do?
It passes law, agrees on the budget and presidency rotates every 6 months
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Information about the EU parliament?
Located in Strasbourg, MEPS elected for 5 year term
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How are the EU parliament involved in making law?
The cooperation procedure, and the co-decision procedure
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What is primary legislation?
Treaties
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What is secondary legislation?
Regulations, directives, decisions
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What is a discretionary referral?
This is when a lower court makes a referral to the ECJ for advice on the decision
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Discretionary referrals should only be made if:
Guidance on the law is necessary for the court to come to a decision, if it has not been decided by the EJC in a previous case
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What is vertical direct effect?
The provision has effect with a citizen and a state
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What is horizontal direct effect?
The provision has effect between citizen and citizen
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What are the rules on regulations?
They are directly applicable, must be enforced within all member states. Regulations can be both vertical and horizontal
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What are the rules on directives?
Directives are binding, but the member state can decide the route of enforcement/method. They are not directly applicable.
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What do the council of ministers do?
They are a principal decision making body, and is the 'effective centre of power'
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Which legislation's are directly applicable?
Regulations, Treaties
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What do directives need to do to be relied upon?
Need to be given legal affect by their member state
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What does it mean where the purpose of a directive is to give rights to an individual?
This is where a member state has failed to give it legal effect; they may not have done it in time or have done it incorrectly
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What does it mean for a law to be directly applicable?
This means that the law has to be introduced without any further involvement from the member state
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What law are directives issued by?
They are issued by the EU under the authority of Article 288 TFEU
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What does Article 288 do?
It gives rights to the member states to discuss how a directive is implemented
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Other cards in this set

Card 2

Front

When did the UK enter?

Back

1972

Card 3

Front

How many states does it have?

Back

Preview of the front of card 3

Card 4

Front

What are the arguments in favor?

Back

Preview of the front of card 4

Card 5

Front

Arguments against?

Back

Preview of the front of card 5
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