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The European Commission usually drafts and proposes new EU legislation."},{"text":"The Council of the European Union.","correct":false,"explanation":"The Council participates in adopting legislation and represents Member State governments, but proposals normally originate with the European Commission."},{"text":"The CJEU.","correct":false,"explanation":"The CJEU interprets EU law and resolves legal disputes rather than drafting legislation. The European Commission normally prepares and proposes new EU laws."}]},{"id":"5be7ab53-7871-41eb-85d3-1e808100712e","cardType":"basic","points":1,"front":"Which EU institution represents Member State governments in EU law-making?","back":"The Council of the European Union.","mcqOptions":[{"text":"The Council of the European Union.","correct":true,"explanation":"National government ministers meet in the Council, with its membership changing according to the policy area being discussed. 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Governments are represented in the Council of the European Union."},{"text":"The European Council.","correct":false,"explanation":"The European Council brings together national leaders to determine the EU’s overall political direction, but the Council of the European Union represents governments in legislative decision-making."}]},{"id":"50b7b929-ff05-4208-9f30-9008cd680e12","cardType":"basic","points":1,"front":"Which EU institution is directly elected by EU citizens?","back":"The European Parliament.","mcqOptions":[{"text":"The European Parliament.","correct":true,"explanation":"EU citizens elect MEPs at regular European elections. This direct electoral mandate distinguishes the European Parliament from institutions whose members are nominated by governments."},{"text":"The European Commission.","correct":false,"explanation":"Commissioners are nominated by Member States and approved as a body by the European Parliament; they are not directly elected. Citizens directly elect the European Parliament."},{"text":"The Council of the European Union.","correct":false,"explanation":"The Council consists of national government ministers rather than directly elected EU representatives. EU citizens directly elect members of the European Parliament."},{"text":"The European Council.","correct":false,"explanation":"The European Council consists mainly of the heads of state or government of Member States. 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That responsibility belongs to the CJEU."},{"text":"The Council of the European Union.","correct":false,"explanation":"The Council represents national governments in law-making rather than resolving questions of legal interpretation. The CJEU ensures EU law is interpreted consistently."}]},{"id":"3feeeb35-c3d2-4f85-9282-d69a2e9c164e","cardType":"cloze","points":null,"front":"The UK joined the European Communities through the [ ] and left the EU in [ ].","back":"The UK joined the European Communities through the European Communities Act 1972 and left the EU in 2020.","mcqOptions":[{"text":"The UK joined the European Communities through the European Communities Act 1972 and left the EU in 2020.","correct":true,"explanation":"The European Communities Act 1972 gave Community law effect within the UK before accession in 1973. The UK formally left the European Union in 2020."},{"text":"The UK joined the European Communities through the European Communities Act 1973 and left the EU in 2020.","correct":false,"explanation":"This confuses the year of UK accession, 1973, with the year of the enabling statute. Parliament enacted the European Communities Act 1972, and withdrawal occurred in 2020."},{"text":"The UK joined the European Communities through the European Communities Act 1972 and left the EU in 2016.","correct":false,"explanation":"The 2016 vote began the political process but did not itself end EU membership. The UK joined under the European Communities Act 1972 and formally left in 2020."},{"text":"The UK joined the European Communities through the Treaty of Rome 1957 and left the EU in 2019.","correct":false,"explanation":"The Treaty of Rome established the EEC before the UK joined, while 2019 preceded formal withdrawal. The relevant UK statute was the 1972 Act, and departure occurred in 2020."}]},{"id":"33f9de65-d13a-4f88-bc83-02ecec5ef46c","cardType":"basic","points":1,"front":"What is the Council of Europe not part of?","back":"It is not an EU law-making institution.","mcqOptions":[{"text":"It is not an EU law-making institution.","correct":true,"explanation":"The Council of Europe is a separate international organisation concerned particularly with human rights, democracy and the rule of law. It has no EU legislative role."},{"text":"It is not a human rights organisation.","correct":false,"explanation":"Human rights protection is a central purpose of the Council of Europe, including its connection with the ECHR. The correct distinction is that it is not an EU law-making institution."},{"text":"It is not an intergovernmental organisation.","correct":false,"explanation":"The Council of Europe is an intergovernmental organisation whose membership extends beyond the EU. What it is not is an institution involved in making EU law."},{"text":"It is not associated with the European Convention on Human Rights.","correct":false,"explanation":"The Council of Europe is closely connected with the European Convention on Human Rights and the Strasbourg system. It is separate from EU law-making institutions."}]},{"id":"f0096148-0f63-47e0-b1c9-61102bc2ab59","cardType":"basic","points":1,"front":"What democratic element does the European Parliament add to EU law-making?","back":"MEPs are directly elected by citizens of Member States.","mcqOptions":[{"text":"MEPs are directly elected by citizens of Member States.","correct":true,"explanation":"Direct elections give MEPs a democratic mandate from EU citizens. Parliament therefore introduces direct citizen representation into the EU legislative process."},{"text":"MEPs are appointed by governments of Member States.","correct":false,"explanation":"National governments participate through the Council but do not appoint MEPs. Citizens of Member States directly elect MEPs, providing Parliament’s democratic legitimacy."},{"text":"MEPs are elected by parliaments of Member States.","correct":false,"explanation":"This confuses national representative institutions with direct EU elections. MEPs are chosen directly by citizens of Member States rather than elected by national parliaments."},{"text":"MEPs are selected by the Commission for citizens of Member States.","correct":false,"explanation":"The Commission does not select the members who scrutinise and approve its work. MEPs receive their mandate through direct elections by citizens of Member States."}]},{"id":"3cb46d75-cf52-46ca-a9b7-a2b5e43d396d","cardType":"basic","points":1,"front":"In the ordinary legislative process, where does a Commission proposal go next?","back":"To the Council and European Parliament.","mcqOptions":[{"text":"To the Council and European Parliament.","correct":true,"explanation":"Under the ordinary legislative procedure, the Council and Parliament act as co-legislators. Both examine the Commission’s proposal and must agree before it can become law."},{"text":"To the Council of the European Union.","correct":false,"explanation":"The Council is only one of the two co-legislators, so sending the proposal there alone omits Parliament. Both the Council and European Parliament consider it."},{"text":"To the European Parliament for approval.","correct":false,"explanation":"Parliament cannot normally adopt the proposal alone under this procedure. It considers the proposal jointly with the Council, and both institutions must approve it."},{"text":"To the European Council and CJEU.","correct":false,"explanation":"The European Council sets broad political priorities, while the CJEU interprets law rather than legislating. A Commission proposal goes to the Council and European Parliament."}]},{"id":"82c4c2c9-f7ef-49fa-92b3-870131f7c3a2","cardType":"cloze","points":null,"front":"EU [ ] are primary law because they create institutions, set powers and contain fundamental principles.","back":"EU treaties are primary law because they create institutions, set powers and contain fundamental principles.","mcqOptions":[{"text":"treaties","correct":true,"explanation":"Treaties are the EU’s primary legislation because Member States agree them directly, establishing EU institutions, conferring powers and setting the fundamental constitutional principles of EU law."},{"text":"regulations","correct":false,"explanation":"Regulations are secondary EU legislation made under powers granted by the treaties. The correct term is treaties, which establish institutions, powers and fundamental principles."},{"text":"directives","correct":false,"explanation":"Directives are secondary legislation that bind Member States as to the required result. The correct term is treaties, which form the EU’s primary law."},{"text":"decisions","correct":false,"explanation":"Decisions are secondary EU legal acts that bind those to whom they are addressed. Treaties are primary law because they create the EU’s constitutional framework."}]},{"id":"0f623c21-2ee4-4cd0-b5ac-8a5d393e2dc3","cardType":"basic","points":1,"front":"Under Article 288 TFEU, what is the key legal effect of a regulation?","back":"It is binding in full and directly applicable.","mcqOptions":[{"text":"It is binding in full and directly applicable.","correct":true,"explanation":"Article 288 TFEU makes every part of a regulation legally binding, while direct applicability means it automatically forms part of each Member State’s law without domestic implementation."},{"text":"It is binding only as to the result.","correct":false,"explanation":"Binding only as to the result is the legal effect of a directive, not a regulation. A regulation is binding in full and directly applicable."},{"text":"It is non-binding but legally persuasive.","correct":false,"explanation":"This confuses regulations with recommendations and opinions, which have no binding force. A regulation is binding in full and directly applicable under Article 288 TFEU."},{"text":"It is binding only on those addressed.","correct":false,"explanation":"A decision is binding upon those to whom it is addressed. By contrast, a regulation is binding in full and directly applicable throughout Member States."}]},{"id":"c1137516-c8b9-4710-ab82-00db18529b2a","cardType":"basic","points":1,"front":"Why did EU regulations not need a separate UK Act during membership?","back":"They were directly applicable in Member States.","mcqOptions":[{"text":"They were directly applicable in Member States.","correct":true,"explanation":"Direct applicability meant regulations automatically became law in every Member State upon taking effect, so the UK did not need to enact separate implementing legislation."},{"text":"They were directly effective only in Member States.","correct":false,"explanation":"Direct effect concerns whether individuals can enforce EU rights in court, whereas direct applicability explains the absence of implementing legislation. Regulations were directly applicable in Member States."},{"text":"They were approved automatically by Member States.","correct":false,"explanation":"Regulations did not depend on parliamentary approval before entering UK law. They were directly applicable in Member States, meaning no separate UK Act was required."},{"text":"They were implemented by legislation in Member States.","correct":false,"explanation":"Implementation through national legislation is generally associated with directives, not regulations. Regulations were directly applicable and therefore entered Member States’ legal systems automatically."}]},{"id":"7aaa3333-2756-49d2-b9ed-d8b79d33af7d","cardType":"basic","points":1,"front":"Under Article 288 TFEU, what is the key legal effect of a directive?","back":"It binds the result, leaving form and method to states.","mcqOptions":[{"text":"It binds the result, leaving form and method to states.","correct":true,"explanation":"Article 288 TFEU requires Member States to achieve a directive’s specified result but permits national authorities to choose the domestic legal form and methods used."},{"text":"It binds the method, leaving the result to states.","correct":false,"explanation":"This reverses Article 288 TFEU: a directive does not prescribe only the method while leaving the outcome open. It binds the result, leaving form and method to states."},{"text":"It binds the addressees, leaving other states unaffected.","correct":false,"explanation":"Binding only specified addressees describes an EU decision rather than a directive. A directive binds the required result while leaving states to choose form and method."},{"text":"It gives guidance, leaving compliance optional for states.","correct":false,"explanation":"This confuses directives with recommendations and opinions, which lack binding force. A directive binds Member States as to the result that must be achieved."}]},{"id":"79421c97-f9a9-4ffa-9eef-a1e6eb205804","cardType":"cloze","points":null,"front":"During UK membership, directly applicable EU rights were recognised in UK law through [ ].","back":"During UK membership, directly applicable EU rights were recognised in UK law through s2(1) European Communities Act 1972.","mcqOptions":[{"text":"s2(1) European Communities Act 1972","correct":true,"explanation":"Section 2(1) ECA 1972 provided the gateway through which directly applicable and directly effective EU rights, powers and obligations were recognised in UK domestic law."},{"text":"s2(2) European Communities Act 1972","correct":false,"explanation":"Section 2(2) granted powers to make delegated legislation implementing EU obligations, particularly directives. Directly applicable EU rights were recognised through s2(1) ECA 1972."},{"text":"s1 Human Rights Act 1998","correct":false,"explanation":"The Human Rights Act incorporated Convention rights under the ECHR, not directly applicable EU rights. Those EU rights were recognised through s2(1) ECA 1972."},{"text":"s2 European Union Act 2011","correct":false,"explanation":"The European Union Act 2011 imposed controls on certain future EU treaty changes; it was not the domestic gateway for EU rights, which was s2(1) ECA 1972."}]},{"id":"5a191efb-3dc3-4e32-99c5-fddfd2be2d94","cardType":"basic","points":1,"front":"How were EU directives often implemented in the UK?","back":"By statutory instruments under s2(2) ECA 1972.","mcqOptions":[{"text":"By statutory instruments under s2(2) ECA 1972.","correct":true,"explanation":"Section 2(2) ECA 1972 delegated power to ministers to make statutory instruments, allowing many directives to be implemented without passing a new Act of Parliament."},{"text":"By statutory instruments under s2(1) ECA 1972.","correct":false,"explanation":"Section 2(1) recognised directly applicable EU law rather than providing the usual delegated power for implementing directives. Statutory instruments were commonly made under s2(2) ECA 1972."},{"text":"By judicial decisions under s3 ECA 1972.","correct":false,"explanation":"Section 3 ECA 1972 concerned the judicial determination of EU law questions, not ministerial implementation of directives. They were often implemented by statutory instruments under s2(2)."},{"text":"By ministerial guidance under s2 HRA 1998.","correct":false,"explanation":"The Human Rights Act concerns ECHR rights rather than the implementation of EU directives. Directives were often implemented through statutory instruments made under s2(2) ECA 1972."}]},{"id":"55f1bb8e-b0c3-4bf7-a0cb-067958a577bb","cardType":"basic","points":1,"front":"When can a treaty article have direct effect?","back":"When it is clear, precise and unconditional.","mcqOptions":[{"text":"When it is clear, precise and unconditional.","correct":true,"explanation":"A treaty provision can have direct effect where its wording establishes a sufficiently clear and precise obligation that is not dependent on further conditions or implementing measures."},{"text":"When it is clear, precise and conditional.","correct":false,"explanation":"A conditional provision may depend on further action or discretion and therefore lacks the required unconditional character. It must be clear, precise and unconditional to have direct effect."},{"text":"When it is implemented, published and approved.","correct":false,"explanation":"Domestic implementation is not the legal test for the direct effect of a treaty article. The provision itself must impose an obligation that is clear, precise and unconditional."},{"text":"When it is general, aspirational and discretionary.","correct":false,"explanation":"Broad political objectives generally leave substantial discretion and are unsuitable for direct enforcement. A treaty article must instead be clear, precise and unconditional."}]},{"id":"ca07aa64-5a10-455d-8b56-401b205fc45f","cardType":"cloze","points":null,"front":"The principle of direct effect for EU law was recognised in [ ].","back":"The principle of direct effect for EU law was recognised in Van Gend en Loos [1963].","mcqOptions":[{"text":"Van Gend en Loos [1963]","correct":true,"explanation":"Van Gend en Loos established that EU law can create rights enforceable by individuals in national courts, recognising the foundational principle of direct effect."},{"text":"Costa v ENEL [1964]","correct":false,"explanation":"Costa v ENEL established the supremacy of EU law over conflicting national law. Direct effect was recognised earlier in Van Gend en Loos [1963]."},{"text":"Francovich v Italy [1991]","correct":false,"explanation":"Francovich established state liability where a Member State’s breach of EU law causes loss. The principle of direct effect originated in Van Gend en Loos [1963]."},{"text":"Factortame Ltd v Secretary of State [1990]","correct":false,"explanation":"Factortame demonstrated the practical supremacy of EU law by requiring conflicting UK legislation to be disapplied. Van Gend en Loos [1963] recognised direct effect."}]},{"id":"dee43781-37ba-49f7-a98f-5a9fb9770712","cardType":"basic","points":2,"front":"When could an individual rely on an unimplemented directive against the state?","back":"After the deadline, if it is clear, precise and unconditional.","mcqOptions":[{"text":"After the deadline, if it is clear, precise and unconditional.","correct":true,"explanation":"Once the implementation deadline has passed, a clear, precise and unconditional directive provision may be enforced vertically against the state or an emanation of the state."},{"text":"Before the deadline, if it is clear, precise and unconditional.","correct":false,"explanation":"Direct effect cannot arise before the implementation deadline, because the state still has time to implement the directive. It may arise after the deadline if the provision is clear, precise and unconditional."},{"text":"After the deadline, if it is general, flexible and conditional.","correct":false,"explanation":"A provision requiring further choices or conditions is not sufficiently definite for direct enforcement. After the deadline, it must be clear, precise and unconditional."},{"text":"After adoption, if it is approved by the national court.","correct":false,"explanation":"Judicial approval is not the legal test, and adoption alone is insufficient. The deadline must have passed and the relevant provision must be clear, precise and unconditional."}]},{"id":"28212a3f-54e2-4a31-aae4-e02f8d9d6ff1","cardType":"basic","points":2,"front":"Which cases support vertical direct effect of directives?","back":"

Van Duyn [1974]
Marshall v Southampton AHA [1986]

","mcqOptions":[{"text":"

Van Duyn [1974]
Marshall v Southampton AHA [1986]

","correct":true,"explanation":"Van Duyn confirmed that directives can have vertical direct effect, while Marshall established that they may be enforced against the state but not against private individuals."},{"text":"

Von Colson [1984]
Marleasing [1990]

","correct":false,"explanation":"These authorities concern indirect effect, requiring national courts to interpret domestic law consistently with directives. Vertical direct effect is supported by Van Duyn and Marshall."},{"text":"

Francovich [1991]
Brasserie du Pêcheur [1996]

","correct":false,"explanation":"These cases establish and develop state liability for breaches of EU law, rather than vertical direct effect. The relevant direct-effect authorities are Van Duyn and Marshall."},{"text":"

Costa v ENEL [1964]
Simmenthal [1978]

","correct":false,"explanation":"These cases concern the supremacy of EU law and the duty to disapply conflicting national law. Van Duyn and Marshall specifically support directives’ vertical direct effect."}]},{"id":"716485e3-88fd-4132-b0e5-760bd14a85b3","cardType":"basic","points":1,"front":"Can a directive usually be relied on directly against a private individual?","back":"No - directives have no horizontal direct effect.","mcqOptions":[{"text":"No - directives have no horizontal direct effect.","correct":true,"explanation":"Directives generally cannot impose obligations directly on private individuals, so they lack horizontal direct effect. They may instead operate vertically against the state after the implementation deadline."},{"text":"Yes - directives have full horizontal direct effect.","correct":false,"explanation":"This confuses directives with directly effective Treaty provisions and regulations. Directives generally have no horizontal direct effect and cannot themselves impose obligations on private individuals."},{"text":"No - directives have no vertical direct effect.","correct":false,"explanation":"Directives can have vertical direct effect against the state when the deadline has passed and the provision is clear, precise and unconditional. They generally lack horizontal direct effect."},{"text":"Yes - directives have automatic effect after adoption.","correct":false,"explanation":"Adoption does not make a directive directly enforceable between private parties. Directives generally have no horizontal direct effect, even after their implementation deadline has passed."}]},{"id":"1cf4570b-e3db-4d5d-85dd-72fc36f52ee5","cardType":"cloze","points":null,"front":"National courts should interpret domestic law consistently with directives where possible: this is [ ], from [ ].","back":"National courts should interpret domestic law consistently with directives where possible: this is indirect effect, from Marleasing [1990].","mcqOptions":[{"text":"National courts should interpret domestic law consistently with directives where possible: this is indirect effect, from Marleasing [1990].","correct":true,"explanation":"Indirect effect requires national courts, so far as possible, to interpret domestic legislation consistently with directives. Marleasing confirmed that this applies even to legislation predating the directive."},{"text":"National courts should interpret domestic law consistently with directives where possible: this is direct effect, from Van Duyn [1974].","correct":false,"explanation":"Direct effect concerns enforcing an EU provision itself, not interpreting domestic law consistently with it. The interpretative obligation is indirect effect, illustrated by Marleasing."},{"text":"National courts should interpret domestic law consistently with directives where possible: this is state liability, from Francovich [1991].","correct":false,"explanation":"State liability provides compensation for sufficiently serious state breaches of EU law. Consistent interpretation of domestic legislation is indirect effect, established in Marleasing."},{"text":"National courts should interpret domestic law consistently with directives where possible: this is EU supremacy, from Costa v ENEL [1964].","correct":false,"explanation":"Supremacy determines the priority of EU law over conflicting national law. Interpreting national law consistently with a directive is indirect effect, associated with Marleasing."}]},{"id":"aa6327f2-a1d4-483e-870d-624a0c3965aa","cardType":"basic","points":1,"front":"What remedy may arise from serious state failure to implement EU law?","back":"State liability damages.","mcqOptions":[{"text":"State liability damages.","correct":true,"explanation":"Under Francovich, individuals may claim state liability damages where a serious state breach of EU law causes loss and the relevant conditions are satisfied."},{"text":"Direct effect damages.","correct":false,"explanation":"Direct effect allows an enforceable EU provision to be invoked in court; it is not a category of damages. Serious state failure may instead produce state liability damages."},{"text":"Indirect effect damages.","correct":false,"explanation":"Indirect effect is a method of interpreting domestic law consistently with directives, not a damages remedy. Serious failure to implement EU law may create state liability damages."},{"text":"EU supremacy damages.","correct":false,"explanation":"EU supremacy gives EU law priority over conflicting domestic law but does not itself name a damages remedy. Compensation may be available through state liability damages."}]},{"id":"0080cd47-153a-4da1-8618-6fbe60d38858","cardType":"basic","points":1,"front":"What did s2(4) European Communities Act 1972 require UK legislation to be read subject to?","back":"EU law.","mcqOptions":[{"text":"EU law.","correct":true,"explanation":"Section 2(4) required UK legislation to be construed and take effect subject to directly applicable or enforceable EU law, reflecting EU law’s domestic priority under the 1972 Act."},{"text":"Domestic common law.","correct":false,"explanation":"The provision concerned the domestic effect and priority of EU obligations, not the general authority of common law. It required legislation to be read subject to EU law."},{"text":"Earlier Acts of Parliament.","correct":false,"explanation":"The rule was not limited to preserving earlier statutes. Section 2(4) required legislation generally, including later Acts, to be read subject to EU law."},{"text":"Delegated legislation.","correct":false,"explanation":"Delegated legislation was not the superior body of law identified by section 2(4). The section required UK legislation to be read subject to EU law."}]},{"id":"545bd9dc-90ce-456e-8a24-082c3a58a5b0","cardType":"cloze","points":null,"front":"EU supremacy was established by the CJEU in [ ].","back":"EU supremacy was established by the CJEU in Costa v ENEL [1964].","mcqOptions":[{"text":"Costa v ENEL [1964]","correct":true,"explanation":"Costa v ENEL established that EU law forms an independent legal order and takes priority over conflicting national law, creating the principle of EU supremacy."},{"text":"Van Duyn [1974]","correct":false,"explanation":"Van Duyn is principally associated with the vertical direct effect of directives. EU supremacy was established earlier by the CJEU in Costa v ENEL in 1964."},{"text":"Marleasing [1990]","correct":false,"explanation":"Marleasing developed indirect effect by requiring consistent interpretation of national law. The foundational authority for EU supremacy is Costa v ENEL in 1964."},{"text":"Francovich [1991]","correct":false,"explanation":"Francovich established state liability for losses caused by a state’s failure to implement EU law. EU supremacy was established in Costa v ENEL."}]},{"id":"51ce6f6e-f94c-4cfe-a8a4-f68bbf3ebdda","cardType":"basic","points":2,"front":"What did Factortame [1990] show UK courts could do?","back":"Disapply an Act of Parliament conflicting with directly effective EU law.","mcqOptions":[{"text":"Disapply an Act of Parliament conflicting with directly effective EU law.","correct":true,"explanation":"Factortame showed that UK courts could suspend and disapply provisions of an Act that conflicted with directly effective EU law, despite the traditional doctrine of parliamentary sovereignty."},{"text":"Strike down an Act of Parliament conflicting with directly effective EU law.","correct":false,"explanation":"Factortame did not give courts a general power to invalidate or erase primary legislation. Courts could disapply the conflicting provisions while EU law had domestic priority."},{"text":"Amend an Act of Parliament conflicting with directly effective EU law.","correct":false,"explanation":"Courts could not rewrite primary legislation, as amendment remained Parliament’s role. Factortame showed that they could instead disapply provisions conflicting with directly effective EU law."},{"text":"Issue advice about an Act of Parliament conflicting with directly effective EU law.","correct":false,"explanation":"The decision granted more than an advisory role. UK courts could provide effective relief by disapplying statutory provisions that conflicted with directly effective EU law."}]},{"id":"603dd560-4314-47de-8d4c-e231f1fb723b","cardType":"basic","points":2,"front":"Why was Factortame constitutionally controversial?","back":"It appeared to limit parliamentary sovereignty.","mcqOptions":[{"text":"It appeared to limit parliamentary sovereignty.","correct":true,"explanation":"Factortame required UK courts to disapply conflicting provisions of an Act of Parliament, making EU law appear superior to domestic legislation and therefore limiting parliamentary sovereignty."},{"text":"It appeared to strengthen the separation of powers.","correct":false,"explanation":"The controversy was not that Factortame strengthened the separation of powers. It appeared to limit parliamentary sovereignty because courts could disapply provisions of an Act conflicting with EU law."},{"text":"It appeared to expand the royal prerogative.","correct":false,"explanation":"Factortame did not concern an expansion of ministers’ royal prerogative powers. It was controversial because disapplying conflicting legislation appeared to limit parliamentary sovereignty."},{"text":"It appeared to abolish judicial independence.","correct":false,"explanation":"Judicial independence was not abolished; the courts independently enforced EU law. The constitutional concern was that this power to disapply legislation appeared to limit parliamentary sovereignty."}]},{"id":"dbc1c3d4-69b6-4d1a-81e1-8f29793f5ccb","cardType":"basic","points":1,"front":"What did s1 European Union (Withdrawal) Act 2018 do?","back":"It repealed the European Communities Act 1972.","mcqOptions":[{"text":"It repealed the European Communities Act 1972.","correct":true,"explanation":"Section 1 repealed the European Communities Act 1972, which had provided the principal domestic legal basis for EU law to take effect in the UK."},{"text":"It preserved all future EU legislation automatically.","correct":false,"explanation":"Section 1 did not preserve future EU legislation. It repealed the European Communities Act 1972, ending the principal mechanism through which EU law automatically took effect domestically."},{"text":"It enacted the European Communities Act 1972.","correct":false,"explanation":"This reverses the effect of the provision: the 1972 Act originally enabled EU law to operate domestically, whereas section 1 of the 2018 Act repealed it."},{"text":"It repealed the Human Rights Act 1998.","correct":false,"explanation":"This confuses EU membership with the separate European human rights framework. Section 1 repealed the European Communities Act 1972, not the Human Rights Act 1998."}]},{"id":"6ff93e5c-8801-4bd7-9eca-e6530957a2e7","cardType":"basic","points":1,"front":"What did ss2-4 European Union (Withdrawal) Act 2018 do?","back":"They preserved existing EU-derived law to avoid legal gaps.","mcqOptions":[{"text":"They preserved existing EU-derived law to avoid legal gaps.","correct":true,"explanation":"Sections 2-4 preserved categories of EU-derived law after withdrawal so that existing rules continued to operate and sudden gaps in the UK legal system were avoided."},{"text":"They repealed existing EU-derived law to avoid legal gaps.","correct":false,"explanation":"Repealing existing EU-derived law would have created, rather than avoided, legal gaps. Sections 2-4 preserved existing categories of EU-derived law after withdrawal."},{"text":"They preserved all future EU legislation to avoid legal gaps.","correct":false,"explanation":"The provisions preserved law already operating at the point of withdrawal, not all future EU legislation. New EU law does not automatically become UK law after Brexit."},{"text":"They replaced existing EU-derived law to avoid legal gaps.","correct":false,"explanation":"The provisions did not immediately replace the existing body of EU-derived law. They preserved it for continuity, allowing later amendment or repeal through domestic legal processes."}]},{"id":"36902bc9-854c-4bda-8db9-188a790ac8e2","cardType":"cloze","points":null,"front":"After Brexit, new EU law [ ] in England and Wales.","back":"After Brexit, new EU law does not automatically become law in England and Wales.","mcqOptions":[{"text":"does not automatically become law","correct":true,"explanation":"The European Communities Act 1972 was repealed following Brexit, so new EU legislation no longer automatically enters the law of England and Wales."},{"text":"automatically becomes law","correct":false,"explanation":"Automatic incorporation broadly described the position under the European Communities Act 1972. Following Brexit and its repeal, new EU law does not automatically become law domestically."},{"text":"takes priority over all domestic law","correct":false,"explanation":"This wrongly applies the former principle of EU law supremacy without qualification after Brexit. New EU law does not automatically become law in England and Wales."},{"text":"must be approved by the European Commission","correct":false,"explanation":"The Commission does not approve whether EU legislation becomes domestic law in England and Wales. After Brexit, new EU law does not automatically become part of domestic law."}]},{"id":"031065fc-4f01-4338-8b04-ea9e5a029f5a","cardType":"basic","points":1,"front":"From 2024, what did much “retained EU law” become known as?","back":"Assimilated law.","mcqOptions":[{"text":"Assimilated law.","correct":true,"explanation":"From the end of 2023, much of the body previously called retained EU law was renamed assimilated law under the Retained EU Law Act 2023."},{"text":"Preserved EU law.","correct":false,"explanation":"Although EU-derived rules were initially preserved after Brexit, “preserved EU law” was not the new statutory label. Much retained EU law became known as assimilated law."},{"text":"Domestic EU law.","correct":false,"explanation":"This sounds plausible because the rules operate domestically, but it is not the statutory terminology introduced for 2024. The correct name is assimilated law."},{"text":"European legacy law.","correct":false,"explanation":"“European legacy law” is a descriptive phrase rather than the statutory name. From 2024, much of what had been retained EU law became known as assimilated law."}]},{"id":"b7a78297-fecc-46f4-9c16-914402ec7846","cardType":"basic","points":1,"front":"What was one advantage of EU law-making for trade?","back":"It created common legal standards across Member States.","mcqOptions":[{"text":"It created common legal standards across Member States.","correct":true,"explanation":"Common legal standards reduced differences between national rules, making cross-border trade simpler because businesses could comply with a more consistent regulatory framework across Member States."},{"text":"It created different legal standards across Member States.","correct":false,"explanation":"Different national standards would create additional barriers and compliance costs. The trade advantage of EU law-making was the creation of common legal standards across Member States."},{"text":"It guaranteed identical national tax rates across Member States.","correct":false,"explanation":"EU law did not guarantee identical national tax rates, as Member States retain significant taxation powers. Its trade advantage was creating common legal standards across participating states."},{"text":"It removed all consumer protections across Member States.","correct":false,"explanation":"EU law developed substantial consumer protection rather than removing it. Its trade benefit came from creating common legal standards that made cross-border compliance more consistent."}]},{"id":"99437e5b-3779-43d8-94b1-8f4c080a1459","cardType":"basic","points":2,"front":"What is the “democratic deficit” criticism of EU law-making?","back":"The Commission proposes laws but is not directly elected.","mcqOptions":[{"text":"The Commission proposes laws but is not directly elected.","correct":true,"explanation":"The criticism focuses on the unelected Commission’s central role in initiating EU legislation, although proposed laws are scrutinised and adopted by the Parliament and Council."},{"text":"The Parliament proposes laws but is not directly elected.","correct":false,"explanation":"This confuses the institutions: the European Parliament is directly elected and does not hold the Commission’s principal power of legislative initiative. The criticism concerns the unelected Commission proposing laws."},{"text":"The Commission passes laws without Parliament or Council.","correct":false,"explanation":"The Commission generally proposes legislation, but the Parliament and Council participate in adopting it. The democratic deficit criticism instead concerns the Commission not being directly elected."},{"text":"The Court of Justice proposes laws but is not directly elected.","correct":false,"explanation":"The Court of Justice interprets and applies EU law rather than exercising the principal power to propose legislation. The criticism concerns proposals coming from the unelected Commission."}]}]}],"examCountdown":{"examDate":"2027-05-20","paperLabel":"Paper 1"},"heading":"Law making: the European Union","title":"Law making: the European Union Flashcards","topbar":{"backHref":"/a-level/law/aqa/flashcards"},"topicSidebar":"$L38"}]}],"topicId":"d3055c67-bf33-599c-af48-c8849ff4ba3a","walled":"$L39"}],"$L3a","$L3b"]