Summary EU Law - Enforcing EU Rights (Notes & Exam Guidance)
8 views 0 purchase
Course
GDL
Institution
GDL
These notes cover EU institutions and the enforcement of EU rights as taught on the EU Law module of postgraduate law conversion courses (the GDL/PGDL). They can also cover topics on introductory EU Law papers taught on UK undergraduate Law degrees (LLBs).
As well as notes, this document include...
- The Court of Justice of the European Union, refers collectively to 3 bodies
(now 2):
- The European Court of Justice (ECJ)
- Luxembourg, senior EU court
- Judges appointed by agreement from Member States
- Jurisdiction:
- Ensuring EU Law is applied consistently among members
- Actions against members to determine if they have failed to
fulfil their obligations under the Treaties
- The only institution that can give authoritative rulings on
interpretation of EU Law - via Article 267 TFEU
- The General Court
- Junior court of first instance to the ECJ, created in 1989
- Created to assist with ECJ workload
- The Civil Service Tribunal
- Heard first instance European civil service disputes
- Ceased to exist in 2016
- The European Commission
- 27 Commissioners, 1 per MS, 5 year terms, 1 Commission President
(Ursula von der Leyen)
- As per Article 245(1) TFEU
- Commissioners independent
- Role - ‘guardian’ of the Treaties
- How the Commission is appointed every 5 yrs (Article 17(3) and (7) TEU):
- European Council nominates new Commission President via
qualified majority voting (QMV)
- Parliament must them approve nominee
- European Council + Commission President-designee select other
Commission members
- European Council adopts list of nominees by QMV then submits to
European Parliament for approval
- Parliament votes to accept Commission as a whole
- After Parliamentary approval, new Commission appointed by
European Council via QMV
- Functions - Article 17(1) TEU
- Day to day running of the EU
, - Drafting and proposing legislation
- Ensure MSs meet obligations under EU Law
- Can refer MSs to the ECJ if they suspect EU Law breaches
- Administers and enforces EU Competition Law
- Negotiates international agreements btw EU and other countries
- Votes by simple majority
- The Council (of the EU/of Ministers)
- 1 representative (minister) per MS
- Not fixed, ministerial representatives change depending on the topic per
meeting
- Presidency rotates per MS every 6 months according to Article 16(2) and
(9) TEU
- Assisted by Committee of Permanent Representatives (COREPER) which
prepares meeting agendas
- Function:
- Main decision-making body and coordinates EU economic policies
(according to Article 16(1) TEU and Articles 290 and 291 TFEU).
- Will make decisions on different policies depending on what type of
Minister meeting it is - e.g. business secretaries vs environment
ministers.
- Qualified Majority Voting (QMV) procedure:
- Majorities called if supported by 55% of Member States which
account for >65% EU pop
- QMV only applies for the Council if the Treaty article doesn’t state
otherwise
- Blocking minority can be established by MSs representing >35% EU
pop, min 4 MSs, OR at least 13 MSs (most MSs)
- Above voting rules hold unless a Treaty specifies otherwise
- The European Parliament
- Directly elected nationally per MS
- 705 MEPs after UK withdrawal
- Voting procedure: by majority
- Number of MEPs per MS proportional to pop size
- Article 14(1)-(3) TEU
- Functions:
- Supervisory - can veto President and Commission votes
- Legislative - Council is main legislative EU body, but Parliament is
involved in legislative procedures
, - The European Council
- Developed out of summit conferences of Heads of State or Government.
- Functions:
- Defines EU’s political priorities/aims, does not make laws (the
European Commission does)
- Coordinates EU development, make key political decisions, and
establish policy guidelines
- As per Article 15 TEU
- The European Court of Human Rights
- Strasbourg
- Judges from each State which is a party to the European Convention on
Human Rights of 1950 (ECHR)
- Jurisdiction:
- Observes ECHR standards of behaviour by bound States towards
individuals
- Since 2 Oct 2000, ECHR rights have been directly enforceable in
domestic courts, incorporated into domestic law via the Human
Rights Act 1998
EU Court Binding/Persuasive Powers in the UK:
- Court of Justice of the EU/European Court of Justice (ECJ)
- Binds all UK courts (in matters of EU law - under ss 2,3 European
Communities Act 1972)
- Note that the ECJ is not bound by its own previous decisions as it is a civil
law institution
- ECHR (highly persuasive)
- s.2 of the Human Rights Act 1998 states ECHR decisions are
persuasive (not binding) in matters relating to Convention Rights
- Recently, the HoL (now Supreme court) departed from an ECHR
decision and instructed lower courts to follow Supreme Court
decisions in the event of a conflict.
- Via Kay and others v. Lambeth LBC [2006] UKHL 10
- Facts:
- Appellants occupied land owned by the council
which was leased to a trust so the appellants
became tenants of the trust
- Council terminated the lease and sought
possession
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lawnotes08. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.66. You're not tied to anything after your purchase.
