1. European Law for AS:
1. The Institutions
G152 SoL
Miss Hart 2010-11

2. Starter:
How much do you already know?
How many
countries are
there in the EU?
When did
Britain join
the EU?
Which one is not an
EU Treaty?
Paris
Rome
Maastricht
Lisbon
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?
How many
people live in
the EU?

3. Institution One:
Council of Ministers
“effective centre of power”
27 members
Pass
EU
Laws
Co-
ordinate
economic
policies
Negotiate
international
agreements
Develop a
common
foreign &
security
policy
Presidency (which influences the focus of the
EU) rotates between the members. The current
president is

4. 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!
Type One:
Unanimous
These is used for really
important issues
e.g. New members
Individual veto can be very
important here.
Why?
Type Two:
Simple Majority
Where there is no
other voting method
linked in the Treaties
Very, very rare!
Especially post-Lisbon
Type Three:
Qualified Majority
Voting
Minimum of 55% of states and 65%
of population of EU.
Votes based on population.
e.g.

5. Institution Two:
European Commission
They are meant to be the counterbalance to the Council
“independent beyond doubt”
and
“guardians of the treaties”
Enforce compliance with EU law.
Negotiate international agreements & new members
Propose new laws
High
Representative for
Foreign Affairs

6. Institution Three:
European Parliament
These are the only people who
are directly elected by the
citizens of the EU
INTRODUCTION
Student Quiz:
How many seats does UK have?
Which country has the most seats?
Which country has the least seats?
Germany
72
Malta
They form alliances on
party not country lines.

7. Powers of the European Parliament
Consultation
Co-operation or
Assent
Co-decision or
Ordinary
Legislative
procedure.
Legislative Relationship between
the Parliament & the CouncilBudget
International
agreements
Political
initiative
Supervision &
confirmation of the
other institutions

8. Which institution is being described?
European Commission European Parliament Council of Ministers

9. European Commission
Propose the law
Council of
Ministers
European
Parliament
Relationship:
•Co-decision
e.g.
•Assent
e.g.
•Consultation
e.g.
Student thinking:
Are the Council and the Parliament of equal status?

10. Institution Four:
European Court of Justice
It gets its powers from TEU
27 judges
8 Advocates-General
Written
submissions
Purposive
Approach
Addressed
to the
parties
One verdict,
no reasons Full court of
13 (5 or 3)

11. Article 267 references
if they believe that a decision on that question is
necessary to enable the home court to make a
judgement
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:
Re: Tachographs
Powers of the ECJ
“To ensure that in the interpretation and the application
of the Treaty, the law is observed”
Judicial Supervisory
MS
EU
institutions
Commission

12. Bulmer v Bollinger
Mandatory referral
Discretionary referral
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
ECJ
the provision in question was not acte clair.
Means:
Clear and free from
doubt

13. How much do you remember?
Which is the odd one
out?
Cooperation
Codecision
Cohabitation
Name the case!
Babycham ain’t
French
Brrrruuumm... Zzzzz.... Bbrrruummm....zzzz
Sunday shopping,
Welsh style!
Aliens are not
allowed? But
I’m nice – just
look at my clogs
Wrinkly old women want to
be just like wrinkly old men!
Which institution?
The effective centre of
power
Guardians of the treaty
Representation of the
people of the EU
Independent beyond doubt
Put the institutions in the right
order...

14. 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.
Exam Question:

15. Finally....
The following three areas are often described as the main problems in EU law
making... Why?
Democracy
Transparency
Efficency