els unit 7

Question 1

during the uk’s membership into the eu, what act was passed in order to incorporate eu legislation into our law, without having parliament needing to legislate on each separate occasion?

Answer 1

European Communities Act 1972

Question 2

during membership in the eu, what aspects of national law were affected?

Answer 2

certain highly significant
areas (for example, in relation to commercial and consumer law, employment law, the
environment and immigration) were significantly affected.

Question 3

when did the uk leave the eu?

Answer 3

31st January 2020

Question 4

how long was the leaving the eu transition period and when did it end?

Answer 4

11 months. 31st December 2020 11pm.

Question 5

what are the EU institutions?

Answer 5

1. The council of the european union
2. the european commission
3. the european parliament
4. the court of justice of the european union

Question 6

what is the council of the european union?

Answer 6

consisting of a government representative from each
Member State; this is the decision-making body of the Union.

Question 7

what is the european commission?

Answer 7

develops policy. It consists of independent Commissioners
appointed by national governments, but who must work independently of national loyalties,
and who make proposals for legislation and oversee implementation of legislation

Question 8

what is the European parliament?

Answer 8

which is made up of elected members. Its role was originally
consultative, but its powers have increased as a result of more recent Treaties and it is
now a significant actor in the EU’s legislative process.

Question 9

what is the court of justice of the european union

Answer 9

(‘CJEU’). This refers collectively to two different
courts, the General Court and the EU’s highest court, the Court of Justice – often referred
to as the European Court of Justice. For ease of reference, the Court of Justice will
henceforth be abbreviated to the ‘ECJ’. The ECJ consists of judges nominated by each of
the Member States. Its role is to ensure that EU law is observed throughout the Union.

Question 10

what two types of eu legislation are there?

Answer 10

primary and secondary

Question 11

what is primary eu legislation?

Answer 11

the major treaties, e.g:
-the treaty of the european union (maastricht treaty)
- the treaty on the functioning of the european union

Question 12

who is primary eu legislation binding on?

Answer 12

1. Member States
2. EU Institutions

it’s validity cannot be challenged in national courts or the ECJ

Question 13

what is secondary EU legislation?

Answer 13

emanates from the institutions, takes the form of Regulations,
Directives and Decisions.

Question 14

what does it mean that treaty articles are directly effective?

Answer 14

individual can rely upon rights granted by Treaty articles and enforce them, if necessary, in
the national courts

Question 15

what are the section of a treaty called?

Answer 15

articles

Question 16

what happens when a regulation is passed?

Answer 16

it automatically becomes part of the legal systems of
all the Member States.

Question 17

can regulations also be directly affective?

Answer 17

yes

Question 18

how do directives work?

Answer 18

EU Directives bind Member States to achieve certain results, allow them to choose how to do so, and if a State fails to implement a Directive properly, individuals can rely on it in national courts — but only against the State or a State body. nb: not referring to private business only business concerning the nation, like a council

Question 19

what are decisions?

Answer 19

• binding ENTIRELY to whom they are addressed to
• could be addressed to member states or individuals

Question 20

during uk’s membership in the eu, did eu law have supremacy?

Answer 20

yes

Question 21

eu law having supremacy is in conflict with which doctrine?

Answer 21

the doctrine of parliamentary supremacy

Question 22

however, what type of eu law had supremacy?

Answer 22

directly effective

Question 23

what approach does the uk courts take in interpreting retained eu law?

Answer 23

a purposive approach

Question 24

why is a purposive approach necessary?

Answer 24

because the eu legislation is drafted in a simpler and more abstract manner than the uk legislation

Question 25

what does the EUWA 2018 give supremacy to?

Answer 25

the Withdrawal Agreement, and so provisions of the Withdrawal Agreement that meet the criteria for direct effect will override conflicting national law.

Question 26

what about during the transition period?

Answer 26

It should also be noted that the Withdrawal Agreement provided for the continued supremacy of EU law during the transition period

Question 27

what are all the types of eu legislation and what are they?

Answer 27

Regulations: Regulations issued by the EU are directly applicable and automatically binding in all Member States without the need for any further legislation in the Member States. * Directives: Directives set out objectives to be achieved and oblige Member States to pass domestic legislation themselves to implement those objectives. Directives set a date by which Member States must implement them. * Decisions: Decisions are directly binding in the same way as Regulations, but only on those to whom they are addressed, which may be Member States, companies or individuals. * Recommendations and opinions: Recommendations and opinions are not binding

Question 28

what was eu law originally based on?

Answer 28

civil law legal system

Question 29

is the CJEU bound by its previous decisions?

Answer 29

no but it adheres to the principle of legal certainty

Question 30

who are decisions of the cjeu binding on?

Answer 30

national courts of member states

Question 31

what are some examples of general principles of EU law?

Answer 31

Proportionality: This means that measures taken by Union institutions and Member States when implementing EU Law should be appropriate and necessary for achieving a given aim, and should not go further than is necessary to achieve that aim. Equality: This means that when dealing with persons in similar situations, Union institutions and Member States should not treat them differently, unless there is an objective justification for the difference in treatment Fundamental rights, ie internationally recognised human rights. Legitimate expectation/legal certainty: This means that, in the absence of overriding concerns of public interest, persons are entitled to assume that EU Law will not be suddenly changed to their disadvantage.

Question 32

how important are general principles as a source of eu law?

Answer 32

he CJEU has struck down EU legislation and decisions of the Union institutions for breaching them. Furthermore, national courts have also disapplied national legislation for infringing them.

Question 33

what case developed the principle of direct effect?

Answer 33

Van Gend en Loos v Nederlandse Administratie der Belastingen

Question 34

What principle gives EU law supremacy in national courts?

Answer 34

The principle of direct effect.

Question 35

What type of direct effect was illustrated in Van Gend en Loos?

Answer 35

Vertical direct effect (EU law enforced against the State).

Question 36

What is vertical direct effect?

Answer 36

Where an individual enforces EU law against the State or a State body.

Question 37

Which case established horizontal direct effect of Treaty articles?

Answer 37

Defrenne v SABENA (Case 43/75) [1976].

Question 38

What did the ECJ decide in Defrenne?

Answer 38

Treaty articles can have horizontal direct effect and be enforced against private bodies

Question 39

Which types of EU law can have both vertical and horizontal direct effect?

Answer 39

Treaty articles, Regulations, and Decisions.

Question 40

Which type of EU law can only have vertical direct effect?

Answer 40

Directives.

Question 41

What are the criteria for EU law to have direct effect?

Answer 41

The provision must be: Clear Precise Unconditional Not require further national or EU measures (known as the Van Gend criteria)

Question 42

What additional requirement applies to the direct effect of Directives?

Answer 42

The implementation deadline must have expired.

Question 43

Which case confirmed the deadline requirement for Directives?

Answer 43

Pubblico Ministero v Ratti (Case 148/78) [1979].

Question 44

What is an “emanation of the State”?

Answer 44

A body against which a Directive can be enforced due to its close link with the State.

Question 45

Which case defined “emanation of the State”?

Answer 45

Foster v British Gas (Case C-188/89) [1990].

Question 46

A body is an emanation of the State if it:

Answer 46

Provides a public service Is under State control Has special powers beyond those of private individuals

Question 47

Which case clarified the Foster criteria?

Answer 47

Farrell v Whitty (Case C-413/15) [2017].

Question 48

What did the ECJ decide in Farrell?

Answer 48

A body does not need to satisfy all three Foster criteria to be an emanation of the State.

Question 49

What is the current test for an emanation of the State after Farrell?

Answer 49

A body will be an emanation of the State if: It has been delegated a public interest task, and It satisfies either: State control, or Special powers

Question 50

Why is identifying an emanation of the State important?

Answer 50

Because Directives can only be enforced vertically, against the State or its emanations.