Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
56 Cards in this Set
- Front
- Back
Unit 17
|
|
|
A: Sources of EU law
|
|
|
1: Sources of EU law:
|
(i)Primary legislation; the treaties
|
|
(ii)Secondary legislation (regulations and directives made under the provisions of the Treaties)
|
(iii)Jurisprudence of the Courts (intepretation of the Treaties by the ECJ)
|
|
(iv) International agreements
|
|
|
the decisions of the ECJ are binding on
|
all national courts
|
|
Law making bodies of the EU:
|
(i) The Council of Ministers
|
|
(ii) The Commission
|
(iii) The European Parliament
|
|
(iv) The Court of Justice
|
(v) The General Court
|
|
2: Incorporation of EU law into national law
|
|
|
Under the TFEU all law eminating from the four sources are binding on
|
all member states
|
|
All international law is incorporated into Member's national law through
|
there own laws and incorporation
|
|
All EU law can only be incorporated into English law via
|
an Act of parliament
|
|
B: How is EU law made
|
|
|
Articles 288 to 297 outline the processes by which
|
EU secondary legislation is made
|
|
Relevant institutions of EU law making
|
(i) the European Parliament
|
|
(ii) the Council
|
(iii) the Commission
|
|
Relevant types of legislation
|
(i) regulations
|
|
(ii) directives
|
(iii) decisions
|
|
(iv) recommendations
|
(v) opinions
|
|
Regulations and Directives are made by
|
the Council and the Commission
|
|
Regulations are 'directly applicable' to all Member States and do not require implementation by
|
Member States to make them part of national law
|
|
Directives are binding but not directly applicable and therefore the Member States have to
|
enact them through national law
|
|
Decisions are made by the Commission and are most important in the area of
|
competition law
|
|
Recommendations and opinions are not binding but simply
|
convey the commissions views on a particular topic
|
|
legislation set out in Article 288 are often known collectively as
|
'legislative acts' or simply acts
|
|
What institution defines the general political direction and priorities of the European Union
|
The European Council
|
|
The European Council does not have a
|
legislative function
|
|
The Council of the European Union makes
|
general policy decisions and enacts legeslation
|
|
Sometimes under the provisions of Article 113 the Treaty requires the Council to act
|
unanimously
|
|
the Council does not sit permanently and is assissted by the full time body of the
|
Committee of Permanent Representatives which does the analysis and advises the Council on how to proceed
|
|
Committee of Permanent Representatives does any analysis and advises
|
the Council on how to proceed
|
|
The Commission makes
|
legislation as well as discussing its own proposals
|
|
Which Article provides for the process by which the Commission operates
|
Article 17
|
|
What Article provides for the voting procedures for the Commission
|
Article 250
|
|
the Commisiion has powers to make certain law on its own outside of the three other
|
legislative sources, mainly on competition law
|
|
The European Parliament makes decisions on the
|
legislative procedure and has final say on some areas of law making
|
|
The European Parliament also has limited power to ask the Commission to
|
submit proposals for new legislation
|
|
the European Parliamnent has no power to
|
pass legislation on its own
|
|
What Articles provide for the provisions of the Parliaments power
|
Articles 225 and 294
|
|
Other institutions and bodies:
|
(i) The Court of Auditors
|
|
(ii) The Economic and Social Committee
|
(iii) The Committee of the regions
|
|
4: The law making procedures
|
|
|
Law making procedures are
|
(i) assent
|
|
(ii) consultation, and
|
(iii) the Ordinary Legislative Procedure (previously called the co-decision procedure
|
|
What refers to a procedure in which the Council can only adopt a Commission proposal after getting Parliament's formal approval
|
Assent
|
|
What refers to the procedure where the Commission proposes new legislation which is then consulted on by the Council and Parliament and then returned to the Council for a decision
|
Consultation
|
|
Ordinary Legislative Procedure
|
see pg 56
|
|
5: How democratic is the European Union's law-making process?
|
see pg 58-59
|
|
What Article permits the Parliament to bring a case before the Court of Justice against the Council or the Commission if it believes they are acting unlawfully
|
Article 263
|
|
What Article permits the Parliament to ask questions about the work of the Council and Commission
|
Article 230
|
|
What Article provides that the Commission submit an annual report to the Parliament
|
Article 233
|
|
What Article provides that Parliament can by a two thirds majority require the Commission to resign through censure motion
|
Article 234
|
|
Article 115: law making process consists of:
|
(i) proposal by the Commission which goes to the Council
|
|
(ii) Council taking the opinion of the Parliament
|
(ii) Council passing the directive
|
|
(iv) Memeber States implementing the directive through their own legislation
|
|