European Union Law

• What is the European Union?


  A group of democratic European countries working together to improve life for their citizens
• When was the European Union formed?


  In 1957
• Which countries were the founding members of the European Union?


  France, Belgium, Luxembourg, Italy, the Netherlands, and Germany
• When did the UK join the European Union?


  1st January 1973
• What was the effect of the European Communities Act 1972 on UK law?


  Laws made by the European Union became part of UK law
• What is supranationalism in the context of the EU?


  Member States delegate decision-making power on matters of joint interest
• What are the main institutions of the European Union?

  • European Council/Summit
  • European Parliament
  • Council of the European Union
  • European Commission
  • Court of Justice of the European Union
• How often does the European Council meet?


  At least 4 times a year
• What is the role of the European Council?


  Decides overall EU policy, sets agendas, and reviews general progress
• Who is the President of the European Council?


  Charles Michel
• Who heads the European Commission?


  Ursula von der Leyen
• How are the Commissioners of the European Commission appointed?


  They are nominated by Member States and not democratically elected
• What is the legislative role of the European Commission?


  It has the right of initiative to propose new European legislation
• What is the judicial role of the European Commission?


  It acts as the Guardian of the Treaties and intervenes if EU law is not implemented correctly
• What is the role of the Council of the EU?


  It is the main law-making body of the Union
• How does voting work in the Council of the EU?


  Voting can be by unanimity, simple majority, or qualified majority
• How many Members of the European Parliament (MEPs) are there?


  705 plus the President
• What is the role of the European Parliament in relation to the European Commission?


  It has democratic supervision over the Commission and can require it to step down
• What is the Ordinary Legislative Procedure in the European Parliament?


  Parliament and Council share equal powers, and if they cannot agree, there is no new law
• What is the Assent Procedure in the European Parliament?


  The Council must obtain the Parliament's assent before certain important decisions are made
• How many judges are there in the Court of Justice of the European Union?


  27 judges, one from each Member State
• What is the role of the Court of Justice of the European Union?


  To ensure laws are applied uniformly to all Member States
• What is the Preliminary Ruling Procedure?


  It allows Member State courts to refer questions about EU law to the Court of Justice
• What happens when a case is referred to the Court of Justice?


  Proceedings in the national court are suspended until the interpretation verdict is given
• What is the ACTE CLAIR doctrine?


  No referral is necessary if the EU law is reasonably clear and free from doubt
• What is the role of the General Court?


  It aims to reduce the workload of the Court of Justice and deals mainly with internal litigation
• Who was the UK’s judge at the Court of Justice of the EU?


  Christopher Vajda
• What is the significance of the Van Duyn v Home Office case?


  It established that directives can create enforceable individual rights
• What is the difference between mandatory and discretionary referrals in the context of the Court of Justice?


  Mandatory referrals must be made if there is no further appeal, while discretionary referrals are at the lower courts' discretion
• What is the role of the Court of Justice in relation to national courts?


  The Court assists national courts in reaching decisions but does not act as an appeal court
• What is the impact of the European Convention on Human Rights on the legal system of England?


  It influences the legal framework and human rights protections in England
• What are the key functions of the Court of Justice of the European Union?


  • Ensures uniform application of EU law
  • Hears disputes against Member States
  • Reviews legality of EU laws
  • Provides preliminary rulings to national courts
• What are the roles of the European Parliament in the EU legislative process?


  • Democratic supervision over the Commission
  • Contributes to creating EU law
  • Authority over the EU budget
  • Different levels of power in law-making (Ordinary Legislative, Consultation, Assent Procedures)
• What are the roles of the European Commission?


  • Legislative role: Proposes new legislation
  • Judicial role: Guardian of the Treaties
  • Heads departments called Directorates General
  • Publishes Green and White papers
• What are the main institutions of the European Union mentioned in the study material?

  European Commission, Council of the European Union, European Parliament, Court of Justice of the European Union
• What is the Article 267/234 reference procedure?


  It allows national courts to refer questions about EU law to the Court of Justice for clarification
• What are the judicial and supervisory roles of the Court of Justice?


  The Court ensures EU law is interpreted and applied uniformly across member states
• What is the difference between the European Council and the Council of the EU?


  The European Council sets the EU's overall political direction, while the Council of the EU negotiates and adopts legislation
• Who is the President of the European Commission?


  Ursula von der Leyen
• What is the European Commission sometimes referred to as?


  Guardian of the Treaties