Term
| What are the 3 main sources of EU law |
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Definition
- Treaties
- Legislation
- General Principles of Law |
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Term
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Definition
| An International Agreement between States |
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Term
| Which Treaty established the European Economic Community? |
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Definition
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Term
| Purpose of the Treaty of Rome? |
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Definition
1. Union of European Countries
2. Improve living and working conditions
3. To create an economic community |
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Term
| Which Treaty amended the Treaty of Rome? |
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Definition
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Term
| What was the purpose of the Treaty of Lisbon? |
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Definition
- Renamed the Treaty of Rome the TFEU
- Established the new TEU |
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Term
| What are the two main EU Treaties which came from the Treaty of Lisbon? |
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Definition
TEU: Treaty on European Union
TFEU: Treaty on the Functioning of the European Union |
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Term
| Name two primary sources of EU law |
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Definition
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Term
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Definition
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Term
| How does it form basis of EU law |
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Definition
| By setting out general principle's of the EU's purpose, the governance of its central institutions (such as the Commission, Parliament, and Council), as well as the rules on external, foreign and security policy. |
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Term
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Definition
| Sets out the scope of the EU's Authority to legislate |
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Term
| Which case established the EU's Supremacy? |
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Definition
Costa v ENEL
- established the supremacy of EU law over its Member States |
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Term
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Definition
Refused to pay electricity bill after electricity was nationlised as it violated EEC law.
Claim failed. Decision is not important. CJEU statement is what is important. |
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Term
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Definition
- EU law is an independent source of law
- It may not be overridden by domestic legal provisions
- To do so would undermine the EU's ability to achieve its objectives |
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Term
| What is the second source of EU law |
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Definition
| Its ability to create legislation |
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Term
| Which article sums up the Ability of the EU to enact Legislation and what does it say? |
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Definition
| Article 288 TFEU: To exercise the Unions Competences, the institutions shall adopt regulations, directives, recommendations and opinions |
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Term
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Definition
| Yes, it shall have general application, be binding in its entirety and directly applicable in all Member States |
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Term
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Definition
| Yes, so far as the result of the directive is achieved. But it leaves the national authorities the choice of form and methods |
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Term
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Definition
| Yes, completely. If it addresses people in particular it is only binding on them |
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Term
| Are Recommendations and Opinions binding? |
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Definition
| No, but national courts must take them into account |
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Term
| Name the case that established Regulations as Directly Effective |
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Definition
| Van Gend en Loos: Direct Effect applies when EU legislation imposes OBLIGATIONS and RIGHTS on individuals |
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Term
| Name the two limits on EU law making and give their definitions |
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Definition
Subsidiarity: principle that the EU will act when a proposed acton cannot be achieved by a member state. (Art 5(3) TEU)
Proportionality: Union will not exceed what is necessary to achieve the objectives of the treaties ( Art 5(4)) |
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Term
| What makes EU legislation Valid? |
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Definition
- Within EU competences
- Must provide legal basis (Art 296 TFEU)
- State why its necessary |
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Term
| How does competence work? |
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Definition
- EU does not have a general or inherent competence to create laws
- Competence to legislate is attributed by MSs who, by ratifying treaties, give the EU power to legislate. |
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Term
| What limits the Unions Competences? |
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Definition
| The principle of conferral |
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Term
| What governs the Unions Competences? |
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Definition
| The principles of subsidiarity and proportionality |
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Term
| How does the principle of conferral limit the EU? |
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Definition
- EU can only act within limits of competences conferred upon it by MSs in the treaties to achieve its objectives
- Competences not conferred remain with the MS |
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Term
| Name a case where the legal basis was incorrect and rendered void |
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Definition
Germany v Parliament & Council (Tobacco Advertising)
- For Art 95 to be used as a legal basis, it must actually contribute to the improvement of the internal market, not the case here |
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Term
| Name two exclusive competences under Art 3 TFEU |
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Definition
- Monetary Policy
- Customs union |
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Term
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Definition
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Term
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Definition
| To ensure interpretation and application of the treaties/law is observed |
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Term
| Name the case which developed the Principle of Proportionality |
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Definition
| R v Intervention Board: EU must consider whether the means used were appropriate and necessary for the objective sought |
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