EU Law

• EU law: UK joined 1st of January by passing this act


  European Communities Act 1972
• EU law: the UK left by passing this act


  European Union (Withdrawal Agreement) Act 2020
• EU law: define supranationalism 


  The Member States delegate decision-making power on matters of joint interest.
• EU law: who is included in the composition of the European Council?


  Heads of State of all EU countries

  President of the European Council
• EU law: who is President of the European Council?


  Charles Michel
• EU law: what are the meetings of the Heads of State (min. 4 times a year) referred to?


  Summits
• EU law: what are the key roles of the European council?


  Meet min. 4 times a year (called ‘summits’).

  Doesn’t make small laws ( treaties)

  Decides overall EU policy, set agendas and review general progress
• EU Law: describe the composition of the European Commission?

  President of the Commission

  27 Commissioners: Senior politicians from each MS.
• EU Law: who is the President of the Commission?


  Ursula von der Leyen
• EU Law: who are the 27 Commissioners nominated by?


  MS
• EU law: who does the European Commission represent?

  interests of the EU
• EU law: during the Treaty of Rome Treaty of Rome 1957 what was discussed regarding the European Commission?

  Commissioners should

  “…neither seek nor take instruction from any government…”
• EU law: define Directorates General


  Each commissioner heads a department
• EU law: what are the 2 roles of the European Commission?


  • Legislative
  • Judicial
• EU law: describe the European Commissions legislative role


  Right of initiative’ - proposes new European legislation

  • Publish ‘Green’ and ‘White’ papers.
  • Hold consultative hearings (seek views of public/experts).
  • Produce drafts (if 14/27 Commissioners agree).
• EU law: describe the European Commissions judicial role


  Guardian of the Treaties

  If MS has failed to implement EU law correctly or has infringed the law, Commission has a DUTY to intervene.

  e.g. Re Tachographs 1979
• EU law: define the composition of the Council of the EU 


  • Each MS sends a representative depending on the topic
  • Minister represents Member State’s interests.
  • Indirectly democratic – elected at a national level.
  • Presidency rotates every six months.
  • Assisted by COREPER who prepare work
• EU law: define the role of the Council of the EU 


  The main law-making body of the Union
• EU law: what does Art 249 TFEU tell us about the role of the Council of the EU?


  • Make regulations
  • Issue directives
  • Take decisions
  • Make recommendations or deliver opinions
• EU law: name the 3 voting procedures of the Council of the EU 


  Unanimity

  Simple majority

  Qualified majority
• EU law: define unanimity


  One vote per MS.

  Important matters e.g. accepting new MS
• EU law: define Simple majority


  One vote per MS.

  Requires a majority of votes.
• EU law: define Qualified majority


  MS allocated votes weighted according to population
• EU law: describe the composition of the European Parliament


  Members of European Parliament (MEP)

  705 + President
• EU law: how are MEPs chosen?

  Directly Elected in own countries, Number of MEPs depends on MS population (no fewer than 6 seats, or more than 96 seats).

  “democratic deficit” due to low turnouts at elections.
• EU law: who does the European Parliament represent?


  EU citizens
• EU law: what is the role of the European Parliament?


  Democratic supervision over the Commission: Has the right to require the entire commission to step down (motion of censure).

  Authority over the EU budget

  Contribute to creating EU law
• EU law: define Ordinary Legislative Procedure


  Parliament and Council share equal powers.
• EU law: define Consultation Procedure


  Commission propose, Council consults with the Parliament
• EU law: define Assent Procedure


  Council has to obtain the European Parliament’s assent
• EU law: describe the composition of the CJEU 


  27 Judges - one from each MS.

  Appointed after joint agreement from MS (TFEU).

  President for 3 years (renewable).

  6 years (renewable)
• EU law: What is an Advocates general?


  Research the case assigned to them and present reasoned opinions (persuasive) and unbiased
• EU law: how many judges are in the Full Court?


  27
• EU law: how many judges are in the Grand Chamber?


  15
• EU law: how many judges are in the Chamber?


  3 or 5
• EU law: describe the operations of the CJEU


  • Paper-based
  • Deliberations happen in private
  • Judgment signed by all judges (Dissenting opinions not written).
  • Court is not bound by its own previous decisions
  • Use a purposive approach
  • Uses extrinsic aids often
• EU law: what are the key 2 roles of the CJEU?

  Judicial role – hears dispute cases

  Supervisory role – preliminary rulings that tell MS how to interpret EU law.
• EU law: in the CJEU judicial role where can disputes be started?


  Started by the Commission or Started by another MS
• EU law: in Proceedings against EU Institutions what does the CJEU do?


  Reviews the legality of EU laws
• EU law: name an example Proceedings against EU Institutions by CJEU in its judicial role, regarding a 48 hr working week?


  UK v Council of the European Union [1996]