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EU Law and Judicial Review Questions and Answers High Level 2023

European Communities Act 1972 = - -The European Union Treaty and laws are made under this piece of legislation -When was the EU founded and how many member states are there? - -It was founded in 19... 51 by the Treaty of Paris and then by the Treaty of Rome in 1957. There are 28 member states. -The Council of Europe and the EU are NOT the same thing.. - -the Council of Europe has 47 members and created the European Convention of Human Rights which led to the Human Rights Act 1998. It has its own European Court of Human Rights situated in Strasbourg -What does the European Communities Act 1972 set out in UK law? - -it sets out fundamental freedom of movement of goods, persons, services and capital as well as the prohibition of sex and other discrimination - The Framework Directive 2000/78 -Equality Act 2010 S.149 = - -sets out that Public Bodies must have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the act and to promote equality of opportunity. -Where is the European Court of Justice and what is its function? - -The European Court of Justice sits in Luxembourg and its function is to 'ensure that the interpretation sand application of the treaty and the law is observed -How does the EU ensure member states obey EU law? - -- the Commission can bring a direct action against a member state in the ECJ under article 226 - any member state can bring an enforcement action against another member state in the ECJ under article 227 - Individuals can rely on EU legal rights in national courts against the state and national courts can refer questions of interpretation of validity of secondary EU law to the ECJ for a preliminary ruling under article 234 -Van Gend en Loos v Nederlandse Administratie der Belastigen [1963] - - -- the community [Show More]

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