W200 Exam Review, Unit 17

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Unit 17

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A: Sources of EU law

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1: Sources of EU law:

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(i)Primary legislation; the treaties

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(ii)Secondary legislation (regulations and directives made under the provisions of the Treaties)

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(iii)Jurisprudence of the Courts (intepretation of the Treaties by the ECJ)

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(iv) International agreements

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the decisions of the ECJ are binding on

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all national courts

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Law making bodies of the EU:

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(i) The Council of Ministers

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(ii) The Commission

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(iii) The European Parliament

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(iv) The Court of Justice

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(v) The General Court

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2: Incorporation of EU law into national law

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Under the TFEU all law eminating from the four sources are binding on

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all member states

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All international law is incorporated into Member's national law through

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there own laws and incorporation

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All EU law can only be incorporated into English law via

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an Act of parliament

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B: How is EU law made

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Articles 288 to 297 outline the processes by which

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EU secondary legislation is made

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Relevant institutions of EU law making

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(i) the European Parliament

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(ii) the Council

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(iii) the Commission

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Relevant types of legislation

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(i) regulations

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(ii) directives

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(iii) decisions

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(iv) recommendations

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(v) opinions

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Regulations and Directives are made by

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the Council and the Commission

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Regulations are 'directly applicable' to all Member States and do not require implementation by

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Member States to make them part of national law

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Directives are binding but not directly applicable and therefore the Member States have to

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enact them through national law

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Decisions are made by the Commission and are most important in the area of

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competition law

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Recommendations and opinions are not binding but simply

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convey the commissions views on a particular topic

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legislation set out in Article 288 are often known collectively as

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'legislative acts' or simply acts

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What institution defines the general political direction and priorities of the European Union

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The European Council

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The European Council does not have a

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legislative function

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The Council of the European Union makes

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general policy decisions and enacts legeslation

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Sometimes under the provisions of Article 113 the Treaty requires the Council to act

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unanimously

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the Council does not sit permanently and is assissted by the full time body of the

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Committee of Permanent Representatives which does the analysis and advises the Council on how to proceed

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Committee of Permanent Representatives does any analysis and advises

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the Council on how to proceed

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The Commission makes

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legislation as well as discussing its own proposals

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Which Article provides for the process by which the Commission operates

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Article 17

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What Article provides for the voting procedures for the Commission

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Article 250

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the Commisiion has powers to make certain law on its own outside of the three other

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legislative sources, mainly on competition law

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The European Parliament makes decisions on the

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legislative procedure and has final say on some areas of law making

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The European Parliament also has limited power to ask the Commission to

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submit proposals for new legislation

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the European Parliamnent has no power to

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pass legislation on its own

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What Articles provide for the provisions of the Parliaments power

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Articles 225 and 294

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Other institutions and bodies:

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(i) The Court of Auditors

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(ii) The Economic and Social Committee

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(iii) The Committee of the regions

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4: The law making procedures

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Law making procedures are

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(i) assent

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(ii) consultation, and

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(iii) the Ordinary Legislative Procedure (previously called the co-decision procedure

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What refers to a procedure in which the Council can only adopt a Commission proposal after getting Parliament's formal approval

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Assent

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What refers to the procedure where the Commission proposes new legislation which is then consulted on by the Council and Parliament and then returned to the Council for a decision

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Consultation

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Ordinary Legislative Procedure

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see pg 56

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5: How democratic is the European Union's law-making process?

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see pg 58-59

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What Article permits the Parliament to bring a case before the Court of Justice against the Council or the Commission if it believes they are acting unlawfully

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Article 263

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What Article permits the Parliament to ask questions about the work of the Council and Commission

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Article 230

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What Article provides that the Commission submit an annual report to the Parliament

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Article 233

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What Article provides that Parliament can by a two thirds majority require the Commission to resign through censure motion

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Article 234

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Article 115: law making process consists of:

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(i) proposal by the Commission which goes to the Council

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(ii) Council taking the opinion of the Parliament

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(ii) Council passing the directive

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(iv) Memeber States implementing the directive through their own legislation