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The Eu Notes

Law Notes > Constitutional Law Notes

This is an extract of our The Eu document, which we sell as part of our Constitutional Law Notes collection written by the top tier of Oxford students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Constitutional Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

The European Union The EU essentially dates back to 1951 with the Treaty of Paris, but did not become known as the EU as we know it until 1992 under the Maastrict treaty. The Legislative/Administrative Bodies of the EU:

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Council - these are the real legislators. They look at economic policy and also approve initiatives put forward by the Commission.

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Commission - they initiate proposals for legislation, and ensure treaty provisions etc. are adequately implemented. There is one commissioner from each member state and each is responsible for a specific area - currently the UK is responsible for external relations.

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Parliament - the number of representatives in Parliament depends on a member state's population. Note that Parliament does not actually have a lot of power, but in some areas Parliament needs to give its assent for something to become law.

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European Court of Justice - focus on the interpretation of the treaty. Sources of EU law:

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Treaties - are directly effective by virtue of a state's membership in the EU. The concept of direct effect means that the provisions are binding on everyone by virtue of their existence in EU law. The principle was established in Van Gend en Loos.

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Regulations - are directly effective and need to be the same in all member states - 'binding in its entirety'

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Directives - are not directly effective as such, but are 'binding as to the result to be achieved'. Member states are allowed to achieve the aims of directives in their own way. The EU recognises that different states may need to approach the issue in different ways, for political, social and economic reasons. More on directives below. Enforcing Directives: Direct effect:

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The intention is that directives will be enacted through a country's own law. However, where they fail to do this, the EU finds a way of having its will done.

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Directives, if not implemented by their expiry date or implemented inadequately, are thus directly effective against the state only. This is established in Ratti. This is known as the estoppal principle - directives should not be horizontally effective, because it is the failing of the state that they are

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