European Law for AS:
1. The Institutions
Miss Hart 2010-11
How much do you already know?
there in the EU?
Which one is not an
What is the name of the Court
of the EU?
Name one country, which is in Europe,
but is not in the EU
Which country currently holds the
presidency of the EU?
people live in
Council of Ministers
“effective centre of power”
Presidency (which influences the focus of the
EU) rotates between the members. The current
How do they vote?
This depends on the topic. The Treaties say which type should be used for
which topic. N.B. Lisbon moves more stuff to QMV!
These is used for really
e.g. New members
Individual veto can be very
Where there is no
other voting method
linked in the Treaties
Very, very rare!
Minimum of 55% of states and 65%
of population of EU.
Votes based on population.
They are meant to be the counterbalance to the Council
“independent beyond doubt”
“guardians of the treaties”
Enforce compliance with EU law.
Negotiate international agreements & new members
Propose new laws
These are the only people who
are directly elected by the
citizens of the EU
How many seats does UK have?
Which country has the most seats?
Which country has the least seats?
They form alliances on
party not country lines.
Powers of the European Parliament
Legislative Relationship between
the Parliament & the CouncilBudget
confirmation of the
Which institution is being described?
European Commission European Parliament Council of Ministers
Propose the law
Are the Council and the Parliament of equal status?
European Court of Justice
It gets its powers from TEU
no reasons Full court of
13 (5 or 3)
Article 267 references
if they believe that a decision on that question is
necessary to enable the home court to make a
From any court, to clarify EU law
(the case is then sent back to the home court
for the law to be applied)
Torfaen BC v B&Q
Marshall v Southampton AHA
Cases brought by:
Powers of the ECJ
“To ensure that in the interpretation and the application
of the Treaty, the law is observed”
Bulmer v Bollinger
The facts of the case should already have been decided
the decision of the question referred should be
conclusive of the case,
there should be no previous ruling on the point by the
the provision in question was not acte clair.
Clear and free from
How much do you remember?
Which is the odd one
Name the case!
Brrrruuumm... Zzzzz.... Bbrrruummm....zzzz
Aliens are not
I’m nice – just
look at my clogs
Wrinkly old women want to
be just like wrinkly old men!
The effective centre of
Guardians of the treaty
Representation of the
people of the EU
Independent beyond doubt
Put the institutions in the right
b) In the following situations, consider whether there is a need to make an Article 267 referral to the ECJ.
i. Jacques, a French worker, has been denied entry to the UK. The House of Lords is considering his case. The case
concerns free movement of workers under the EC Treaty.
ii. Pam is paid less than male employees for doing the same work. She has brought an equal treatment claim against her
employer. An Employment Appeals Tribunal is deciding the case. A reference to the ECJ in Macarthys Ltd v Smith (1980)
concerned a similar issue.
iii. Carla has brought a claim in an Employment Tribunal against her employer because they refuse to give her holiday
entitlement as required under EC law.
The following three areas are often described as the main problems in EU law