The EU Law

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  • Created by: 10dhall
  • Created on: 03-05-17 15:07
When was the EU set up?
Established in 1957 under the Treaty of Rome and originally had 6 members
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What does the EU cover? (Scope)
Free movement of goods, health protection, employment policies, education and training
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What are the different EU institutions?
The Commission, the Council of Ministers, the EJC and the European Parliament
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What is the Commission President's role?
To ensure the forward movement of the EU, Chair Commission meetings, assigning jobsto Commissioners
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How long is he appointed for?
5 years
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Who does he appoint?
Fellow Commissioners, who are then given a responsibility
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How many Commissioners does each country have?
1 each
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What is the Commission's role?
To protect and defend the treaties and defend the general interest
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What can the Commission do alone?
They can propose legislation, which the Council and EP then decide whether to support or not. (Commission proposes, Council disposes) Can issue regulations, can implement common policies, administers the budget, negotiates who joins
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What does the Commission have to bear in mind when they propose new law?
Must work for the majority of the EU, only proposes law which needs to be EU wide
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How often does the Commission meet?
Usually once a week - except emergencies
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What are the Council of Ministers responsible for?
Decision making, co-coordinating
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The EU Parliament?
Located in Strasbourg where meetings are held once a week each month, can also be held in Brussels and Luxembourg
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What has happened since their establishment?
More democracy and the powers have increased
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Who are MEP's elected by?
People across the EU since 1979
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How long are they appointed for?
5 year terms
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Does the Parliament have a role in law making?
Used to, not anymore
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What ways is it involved in law making now?
Co-decision procedure and the cooperation procedure
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What is the cooperation procedure?
This is when the EU Parliament can suggest amendments to the proposals drafted by the Commission but the Council of Ministers does not have to accept it
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What is the co-decision procedure?
This is where the EU Parliament AND the council of ministers have to agree to prosals drawn up by the Commission
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What Treaty extended this power of the co-decision procedure?
The Amsterdam Treaty 1997
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Who is the Council of Ministers made up of?
Government ministers from each country
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How often does the Presidency rotate?
Every 6 months
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Functions of the COM?
To pass laws in joint with the EU Parliament, defines and implements EU's common foreign and security policy, constitute the budget
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Acts of the Council?
Can take different forms, when it legislates the commission proposes, the proposes are then made and the council modify them
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Powers of the European Parliament?
The appointment of Commissioners must be approved by the Parliament, it appoints the EU ombudsman, promotes human rights, supervises the council of ministers, commission has to answer any of their questions
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What are the types of law that the EU produces?
Regulations, directives, opinions, treaties
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Treaties?
Similar to primary legislation in the UK, treaty of Rome 1957 created the EEC (EU), masstricht treaty 1993 changed the name of EEC to the EU, Amsterdam treaty 1997
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Regulations?
Laws produced by the EU under article 288 of TFEU which automatically applies to everyone in the EU
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Directives?
Statements outlining the law which member states are directed into their legal systems, most are implemented through SI (sometimes legislation) each directive comes with a date it should be implemented, example: working time regulations, consumer pro
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Problems with directives?
Some countries do not implement on time, making it unfair, some directives are inaccurately implemented, frequent changes; the working time regulations has been changed 6 times
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The role of the EJC in developing the EU system?
They give impartial opinions on the issues raised
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What cases do the EJC hear?
Preliminary rulings, payment of damages, proceedings for failure to act
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What is vertical direct effect?
An obligation can be enforced against a state by a citizen
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What is the horizontal direct effect?
This means that an obligation can be enforced by an individual against another individual or private company
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What does the EU cover? (Scope)

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Card 3

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What are the different EU institutions?

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Card 4

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What is the Commission President's role?

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Card 5

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How long is he appointed for?

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