Eu law , Unit 1 : Institutional and Constitutional structure of the EU

Institutional and Constitutional structure of the EU:

What is Retained EU law known as

Known as assimilated law under the retained EU law act 2023.

How much of the EU legislature still remains in the UK

4500.

What are sources of EU law

TEU(Treaty of EU) provides aims and principles of EU intergration

TFEU( Treaty on the functioning of the EU) provides detailed practice on achieving objectives

What are law manning powers exercised and how is compliance enforced

Powers are the EU commission, council and European Parliament.

Compliance is enforced by the CJEU ( Court of Justice of the EU).

Why is the EU not a state

Because there is no single language, no shared culture and Brexit (the memberS are allowed to leave)

Tell me about EU law being supreme

EU law is supreme over national law and its enforced by the CJEU (Court of Justice of the EU) and national courts

What is EU legislative harmonisation

It’s the process of bringing member states together so that rules are consistent across the countries. It also reduces legal differences that creates barriers to trade and movement.

What is the difference between regulations and directives

Directives means countries must achieve a result but can decide how. Regulations are directly applicable laws.

What are the sources of EU law - treaties

TEU - treaty on European Union. (Overall aims and principles)

TFEU- The treaty on the functionality of the EU (Detailed practice of achieving objectives

What is the purpose of treaties

Providing a process of supra national intergration

What does supra national intergration mean

Countries agree to work together through a higher authority that can make binding decisions on the member states.

Name some of the supra national EU institutions and who is it enforced by?

Commission, council and European Parliament which is enforced by the CJEU

What is the principle of conferall and where can it be found?

It’s a foundational doctrine that means that the EU acts only within the limits of the competences. Found in article 5 of the TEU

Article 3 TEU

Customs unions are legislative powers that are exclusively conferred upon the EU.

• Exclusive competence means only the EU can legislate and adopt legally binding acts in that area, unless it authorises member states to act.

• So individual member states cannot create their own separate customs tariffs or independent customs rules that conflict with EU law.

What does the principle of subsidiarity mean and where can it be found

Article 5 of the TEU - they govern the competences

What are the key principles of the EU

Principle of supremacy

Principle of conferall, subsidiarity

Principle of proportionality

What was the main reason the UK citizens wanted to leave the EU

Uncontrolled migrants and the want for parliamentary sovereignty

Commission v Poland

Poland was fined 1 million for judicial appointment which reduced their sovereignty.

Article 4(3) TEU

Supremacy themes but not explicitly stated

What was the court of justice’s significance with supremacy

They constructed the doctrine of EU supremacy.

Costa v Enel

Delivered the classic statement on EU supremacy. CJEU ruled that EU law over Italian law. Showed that EU law took precedence over later and inconsistent national law

Simmemthal II

Principle of precedence of community law stating that national courts should disapply national legislation that conflicts with EU law without waiting for it to be reappeal .

Factorame III

Uk courts could dissaply an act of parliament where it conflicted with EU law. State liability also as the UK parliament had to pay damages

Article 2 TFEU

Exclusive competences only the union can legislate and adopt legally binding acts.

Article 5(3) TEU

The EU should take legislative action if the member states independently could not achieve the result

What is a preliminary reference

Under article 267 of the TFEU where a national court in a member state asks the CJEU to interpret EU law.