Chp 8 European Union

Council of the European Union

Each member countries government sends a representative to the council twice a year. Government has meet in the European council or Summit to discuss broad matters of policy. Member states taken turned to provide the President of the council for six month period the council in the main law making body of the EU in 80% of decisions voting in the council is by qualified majority voting. If two conditions are that 55% of member states voting favour 15 out of 27? The proposal is supported by member states representing at least 65% of the total population this is called the double majority rule.

The commission

There are 27 commissioners one from each EU state. They’re supposed to act independently if their national origin commissioners are appointed for a five year time each commissioner has a department with responsibility for one area of E policy e.g. the environment the commission has three main functions to put four proposals for new laws to be adopted by the European Council and the European Parliament to act as the guardian of the treaties and to ensure that treaties adopted by the EU are correctly implemented if an EU member first implement EU law in its own country. The commission has a duty to intervene and potentially refer to the European court of justice. It’s responsible for the administration of the EU and has executive powers to implement the E budget and supervise how money I spent.

The European Parliament

Members of the European Parliament are directly elected in each member state every five years the number of MEPs a country has depends on the population of that country. There are currently 705 MPs within the European Parliament. MPs operate in political and not national groups the EP meets about monthly sessions lasting approximately a week. It has standing committees which is discussed proposed made by the commission and their reported the full parliament for debate decision decisions are made by the EP and the council of ministers the EP used to only have a consultative role but not it can colegsilate members of the European Parliament are directly elected in each member state every five years the number of MEPs a country has depends on the population of that country. There are currently 705 MPs within the European Parliament. MPs operate in political and not national groups the EP meets about monthly sessions lasting approximately a week. It has standing committees which is discussed proposed made by the commission and their report. The full Parliament for debate decisions are made by the EP and the council of ministers the EP used to only have a consultative role but not in colegislate on an equity of the council of most respects you can approve or eject legislative proposal made by commission or propose amendments. There are some areas like competition laws where the EP cannot make law but only has the right to be consulted. It also decides upon international agreements to decide on whether it should submit new member states and I reviewed the commissions work program and asked it to propose legislation.

The European court of justice

The function of the ECJ is for sure that in the application of the treaty the law is observed the ECJ meets in Luxembourg and has 27 judges one from each member state for full court. 11 judges will set the full court meets in cases laid down by the statue of the court. For example of a member of the European commission has failed to fill their obligations and when the court considers that a case of exceptional importance in other cases the court sits in chambers of five or three judges judges are appointed under article 250 3TFEU treaty on the functioning of the European union they are judges who would be eligible for appointment the highest judicial post and their own countries or who are leading academic lawyers they appointed for six years and can be appointed for a further term of six years. They select one of their members to be president of the court the court assisted by 11 advocates general who also hold the six years each cases aside to an advocate general whose job is to research all the legal points involved and present their findings on their cases and partially an independent needs to the court of justicearticle 250 3TFEU

Main functions of the ECJ

To ensure that the laws applied uniformly in all member states from two ways one to hear cases to decide when the member states have failed to fill out treaty obligations. These actions are usually initiated by the European commission although they can be started by another member say for example Re tachographs the commission v United Kingdom 1979.

2) His references from national courts for preliminary rulings on points of European law.

Preliminary rulings

Most important function as rollings made by the ECJ are binding on courts in all 27 member states ensures that Law is uniform. A request for preliminary rolling is made under article 267 of the TFEU. It gives the ECJ the right to make preliminary rollings concerning interpretation of treaties leading and interpretation of acts of EU institutions and interpretation of statute of bodies established by an act council.

Impact of eu law on England’s and wales

When UK was a member of the EU the Supreme Court had to refer questions of EU law to the court of justice of the EU before Brexit. The ECJ was also important because as two interpretation was followed by English courts section 2 of the European communities act 1972 provided that we exist on a particular subject it could override any inconsistent UK laws including act of Parliament. This had an impact on the documentary of Parliamentary sovereignty however must be remembered the Parliament retain the power to pass amend and repeal any legislation of choosing exactly what it did with the European union withdrawal agreement act 2020 when Britain was a member of the EUEU law supremacy of British law shown by the merchant shipping act of 1998 which sat down rules for who could learn or manage fishing boats registered in Britain the act meant to protect the British fishing industry stated that 75% of directors and shareholders of fishing businesses happy British. The factortame v Secretary of State for transport 1990 cases held the merchant shipping act of 1988 to be country to EU law and the merchant shipping act cannot be enforced

How does the ECJ operate and how does it differ from English courts

Cases are presented on paper and a lot less reliance on all arguments the use of the advocate general. This independent lawyer is not used in the English system. Judges deliberations are in secret and decisions are made by majority vote. Judgement is in written form as a signed by all judges, even though who dissented this is very different to the English system where descending opinions as a lipid with the judges reasoning The ECJ is not bound by its own previous decisions it refers to the purposive Approach statutory interpretation what is the purpose of the law?

What are the three sources of eu law

Treaties regulations directives

Treaties

Primary legislation automatically part of a member state law they have to rewrite laws before it was repealed as a part of Brexit section 2 of the 1972 European communities act allowed individuals to directly rely on treaty provisions. Individuals were allowed to take their case before European court of justice..

Regulations

Finding a member states automatically apply in each member state

Directives

Member states have to pass their own laws to implement directives within a time set by the European commission delegated legislation usually used in the UK

Vertical direct effect

An individual can claim against a state, even if the directive is not yet implemented

Horizontal direct effect

Directors given individual rights against other people provided they have been implemented

Eu regulations

Laws issued by the EU which are binding on member states an automatically apply in each member country

Eu directives

Issued by the EU and direct all member states to bring in the same laws throughout all the countries