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Eu for revision day (lessons 1 2)


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Eu for revision day (lessons 1 2)

  1. 1. European Law for AS: 1. The Institutions G152 SoL Miss Hart 2010-11
  2. 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. 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. 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. 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. 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. 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. 8. Which institution is being described? European Commission European Parliament Council of Ministers
  9. 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. 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. 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. 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. 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. 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. 15. Finally.... The following three areas are often described as the main problems in EU law making... Why? Democracy Transparency Efficency