EU law

Cards (16)

  • TEU
    treaty of the European union
  • TFEU
    Treaty on the Functioning of the European Union
  • EU institutions
    - the council of the European union
    - the commission
    - European parliament
    - court of the justice of the European union
  • council of the EU
    meets every 3 months, but convenes more frequently to address argent issues. it sets out the general policy objectives for the EU to follow, deals with sensitive political matters, and acts as a trouble-shooter for areas of business where ministers are unable to agree.
  • the commission
    part political body and part administration. it is permanent and therefore the institution that is most often identified.
  • what are the commissions four responsibilities
    - it proposes legislation designed to implement the objectives outlined in EU treaty's
    - it manages EU policy and the EU budget
    - it acts as the guardian of the treaty , monitoring compliance with EU law and referring suspected cases of non compliance
    - it represents the EU in external trade negotiations
  • European parliaments
    the second of the EU's law making bodies. it also has appointment and dismissal powers over the commission and forms budgetary authority of the EU with the council of the European union
  • court of the justice of the European union
    it is responsible for ensuring that 'in the interpretation and application of the treaties that law is observed'. it decides whether member governments or other public obligations under EU law, reviews the legality of EU laws, and offers on request from national courts interpretations of questions of EU law
  • preliminary hearing
    a decision rendered by the CJEU on a question referred by a court or a tribunal of a member state on the interpretation of union law or the validity of a union act
  • sources of EU law
    - primary law
    - general principle of EU law
    - secondary law
  • treaties
    European communities act 1972 - individuals can rely on treaties to enforce EU law
  • regulations
    article 228 - TEFU the EU has the power to issue regulations which are binding in every respect and directly applicable in each member state
  • directives
    these are issued by the EU and direct all member states to bring in the same laws throughout all countries
  • direct effect
    where member states have not implemented a directive within time
  • vertical effect direct

    where the individual can claim against the state even when a directive has not been implemented
  • horizontal direct effect
    directives which have not been implemented do not give individuals rights. you cannot claim against an individual