European Law for AS:1. The InstitutionsG152 SoL
Starter:How much do you already know?How manycountries arethere in the EU?When didBritain jointhe EU?Which one is not anEU Treaty?ParisRomeMaastrichtLisbonWhat is the name of the Courtof the EU?Name one country, which is in Europe,but is not in the EUWhich country currently holds thepresidency of the EU?How manypeople live inthe EU?
Institution One:Council of Ministers“effective centre of power”27 membersPassEULawsCo-ordinateeconomicpoliciesNegotiateinternationalagreementsDevelop acommonforeign &securitypolicyPresidency (which influences the focus of theEU) rotates between the members. The currentpresident is
How do they vote?This depends on the topic. The Treaties say which type should be used forwhich topic. N.B. Lisbon moves more stuff to QMV!Type One:UnanimousThese is used for reallyimportant issuese.g. New membersIndividual veto can be veryimportant here.Why?Type Two:Simple MajorityWhere there is noother voting methodlinked in the TreatiesVery, very rare!Especially post-LisbonType Three:Qualified MajorityVotingMinimum of 55% of states and 65%of population of EU.Votes based on population.e.g.
Institution Two:European CommissionThey 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 membersPropose new lawsHighRepresentative forForeign Affairs
Institution Three:European ParliamentThese are the only people whoare directly elected by thecitizens of the EUINTRODUCTIONStudent Quiz:How many seats does UK have?Which country has the most seats?Which country has the least seats?Germany72MaltaThey form alliances onparty not country lines.
Powers of the European ParliamentConsultationCo-operation orAssentCo-decision orOrdinaryLegislativeprocedure.Legislative Relationship betweenthe Parliament & the CouncilBudgetInternationalagreementsPoliticalinitiativeSupervision &confirmation of theother institutions
European CommissionPropose the lawCouncil ofMinistersEuropeanParliamentRelationship:•Co-decisione.g.•Assente.g.•Consultatione.g.Student thinking:Are the Council and the Parliament of equal status?
Which institution is being described?European Commission European Parliament Council of Ministers
Institution Four:Court of Justice of the European UnionIt gets its powers from TEU27judges8 Advocates-GeneralWrittensubmissions PurposiveApproachAddressedto thepartiesOneverdict, noreasonsFull court of13 (5 or 3)
Article 267 referencesif they believe that a decision on that question isnecessary to enable the home court to make ajudgementFrom any court, to clarify EU law(the case is then sent back to the home courtfor the law to be applied)Torfaen BC v B&QMarshall v Southampton AHACases brought by:Re: TachographsPowers of the CJEU“To ensure that in the interpretation and the applicationof the Treaty, the law is observed”Judicial SupervisoryMSEUinstitutionsCommission
Bulmer v BollingerMandatory referralDiscretionary referralThe facts of the case should already have been decidedthe decision of the question referred should beconclusive of the case,there should be no previous ruling on the point by theECJthe provision in question was not acte clair.Means:Clear and free fromdoubt
How much do you remember?Which is the odd oneout?CooperationCodecisionCohabitationName the case!Babycham ain’tFrenchBrrrruuumm... Zzzzz.... Bbrrruummm....zzzzSundayshopping, Welsh style!Aliens are notallowed? ButI’m nice – justlook at my clogsWrinkly old women want tobe just like wrinkly old men!Which institution?The effective centre ofpowerGuardians of the treatyRepresentation of thepeople of the EUIndependent beyond doubtPut the institutions in the rightorder...
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 caseconcerns 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 heremployer. 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 holidayentitlement as required under EC law.Exam Question:
Finally....The following three areas are often described as the main problems in EU lawmaking... Why?DemocracyTransparencyEfficency