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European law for AS


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European law for AS

  1. 1. European Law for AS:1. The Institutions<br />G152 SoL<br />Miss Hart 2010-11<br />
  2. 2. StarterHow many can you answer?If you need help... The answers are in the wordsearch.<br />1. How many members of the EU are there?<br />2. How long is it between elections in Europe?<br />3. Which statute brought us into Europe?<br />4. Name all five treaties<br />5. What has the EU stopped in Europe in the last 60 years?<br />
  3. 3. Institution One:Council of Ministers<br />“effective centre of power”<br />27 members<br />Pass EU Laws<br />Co-ordinate economic policies <br />Negotiate international agreements<br />Develop a common foreign & security policy<br />Presidency (which influences the focus of the EU) rotates between the members. The current president is Hungary<br />
  4. 4. How do they vote?<br />This depends on the topic. The Treaties say which type should be used for which topic. N.B. Lisbon moves more stuff to QMV!<br />Type One:<br />Unanimous<br />These is used for really important issues <br />e.g. New members<br />Individual veto can be very important here. <br />Why? <br />Type Two:<br />Simple Majority<br />Where there is no other voting method linked in the Treaties<br />Very, very rare! <br />Especially post-Lisbon<br />Type Three:<br />Qualified Majority Voting<br />Minimum of 255 votes 73.9% (at least 62%)<br />Votes based on population.<br />e.g.<br />
  5. 5. Institution Two:European Commission<br />They are meant to be the counterbalance to the Council<br />“independent beyond doubt” <br />and<br /> “guardians of the treaties”<br />Enforce compliance with EU law.<br />Negotiate international agreements & new members<br />High Representative for Foreign Affairs <br />Propose new laws<br />
  6. 6. These are the only people who are directly elected by the citizens of the EU<br />Institution Three:European Parliament<br />Introduction<br />Student Quiz:<br />Which country has the most seats? <br />How many seats does UK have? <br />Which other countries have the same number of seats as the UK? <br />Which country has the least seats? <br />Germany<br />72<br />France & Italy<br />Malta<br />They form alliances on partynot countrylines.<br />
  7. 7. Which institution is being described?<br />European Commission<br />European Parliament<br />Council of Ministers<br />
  8. 8. Powers of the European Parliament<br />Legislative Relationship between the Parliament & the Council<br />Supervision & confirmation of the other institutions<br />Budget<br />Consultation<br />Co-operation or Assent<br />Co-decision<br />Political initiative<br />International agreements<br />
  9. 9. European Commission<br />Propose the law<br />European Parliament<br />Council of Ministers<br />Relationship:<br /><ul><li>Co-decision</li></ul>e.g.<br /><ul><li>Assent</li></ul>e.g.<br /><ul><li>Consultation</li></ul>e.g.<br />Student thinking:<br />Are the Council and the Parliament of equal status?<br />
  10. 10. ECJ in the news recently...<br />What can we discover about the ECJ and its working from this article?<br />
  11. 11. Institution Four:European Court of Justice<br />It gets its powers from Art. 220<br />27 judges<br />Written submissions<br />8 Advocates-General<br />Purposive Approach<br />Addressed to the parties<br />One verdict, no reasons<br />Full court of 13 (5 or 3)<br />
  12. 12. Powers of the ECJ<br />“To ensure that in the interpretation and the application of the Treaty, the law is observed”<br />Judicial<br />Supervisory<br />Article 234 references<br />if they believe that a decision on that question is necessary to enable the home court to make a judgement<br />From any court, to clarify EU law <br />(the case is then sent back to the home court for the law to be applied)<br />Torfaen BC v B&Q<br />Marshall v Southampton AHA<br />Cases brought by:<br />Re: Tachographs<br />MS<br />EU institutions<br />Commission<br />
  13. 13. Mandatory referral<br />Discretionary referral<br />Bulmer v Bollinger <br /><ul><li>The facts of the case should already have been decided
  14. 14. the decision of the question referred should be conclusive of the case,
  15. 15. there should be no previous ruling on the point by the ECJ
  16. 16. the provision in question was not acte clair.</li></ul>Means:<br />Clear and free from doubt<br />
  17. 17. How much do you remember?<br />Name the case! <br />Which is the odd one out?<br />Cooperation<br />Codecision<br />Cohabitation<br />Aliens are not allowed? But I’m nice – just look at my clogs<br />Wrinkly old women want to be just like wrinkly old men!<br />Babychamain’t French<br />Sunday shopping, Welsh style!<br />Brrrruuumm... Zzzzz.... Bbrrruummm....zzzz<br />Which institution?<br /><ul><li>The effective centre of power
  18. 18. Guardians of the treaty
  19. 19. Representation of the people of the EU
  20. 20. Independent beyond doubt</li></ul>Put the institutions in the right order...<br />
  21. 21. Consolidation (for IS time): <br />Using the text book and your knowledge, complete the questions to check your understanding. <br />Using page 242-244 of the textbook (or your own brains!): <br /><ul><li>Which three areas does the ECJ have jurisdiction to make rulings over?
  22. 22. What is the key function of the ECJ?
  23. 23. Which was the first British case to be referred to the ECJ?
  24. 24. Can you discover the facts of the case? Remember how textbooks organise the cases!
  25. 25. Has a lower court ever referred a case? Which one? When?</li></li></ul><li>Homework<br />Revise sentencing for DRAG test on 18th March 2011<br />Complete the Lisbon changes reading, and complete the sections on page 16 for 21st March (12C) and 22nd March (12A). <br />
  26. 26. Feedback on homework: <br />What did Lisbon do?<br />
  27. 27. Case Study...<br />
  28. 28. Exam Question:<br />b) In the following situations, consider whether there is a need to make an Article 234 referral to the ECJ. <br />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. <br />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.<br />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.<br />
  29. 29. Quote<br />Make-up<br />Quote<br />Make-up<br />Powers?<br />European Commission<br />Powers<br />European Parliament<br />EU Institutions<br />Council of Ministers<br />Make-up<br />Make-up<br />European Court of Justice<br />Powers<br />Quote<br />Quote<br />Powers<br />
  30. 30. Finally.... <br />The following three areas are often described as the main problems in EU law making... Why? <br />Democracy<br />Transparency<br />Efficency<br />