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Flashcards in Authority Deck (14)
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1
Q

A177 EEC

A

Preliminary Ruling System

2
Q

Van Gend En Loos

A

Key Words: Direct Effect

Facts: VGL imported into Netherlands - goods categorised under 8% VAT when in fact they should be under 3%

Ratio: Direct Application of A12 EEC - nationals may on the basis of the Article lay claim to rights which the NC must protect

3
Q

Costa v Enel

A

Key Words: Supremacy; Direct Effect

Facts: It nationalised the electric energy industry - Mr C refuses to pay electricity invoice

Ratio: EU law takes priority

4
Q

Handelsgesellschaft

A

Key Words: Constitutional Rules Conflict; Direct Effect

Facts: Cereal business - directive invalid? Argue excessive intervention w freedom of trade

Ratio: If EU law conflicts with constitutional rules, EU law still needs to be applied and national rules ignored. No factors affecting validity of directive

5
Q

Simmenthal

A

Key Words: Supremacy; Duty of National Courts

Facts: Imported beef - veterinary checks detrimental to free movement of goods

Ratio: National courts must apply community law

6
Q

Melloni

A

Key Words: Duty of National Courts

Facts: Arrest Warrant - may refuse to execute based on infringement of fundamental rights guaranteed by constitution?

Ratio: No- would undermine primacy of EU law- undermine mutual trust

7
Q

Solange I and II

A

Key Words: German Court

Ratio:

I- So long as EU has no BoR, Constitutional Court will retain authority

II- Satisfied that fundamental rights are protected by ECJ - take back seat while this is the case

8
Q

Maastricht/ Brunner/ Kompetenz

A

Key Words: Conferred Powers, UV; German Court

Facts: GCC confirmed legality of German ratification of Maastricht

Ratio: ECJ needs to respect conferral- MSs decide what is within competencies
Hinted: If EC failed, GCC would apply control of UV acts

9
Q

Honeywell

A

Key Words: Conferred Powers, UV

Ratio: UV if manifest violation of competence in a structurally significant manner + CJE had the opportunity to rule on the matter

10
Q

Lisbon Decision

A

Key Words: National Constitutional Identity

Ratio: Use of flexibility clause needs consent of German Parl - More integration would require new Gr Constitution

11
Q

OMT/ Gaweiler

A

Key Words: Conferred Powers, UV; Supremacy

Facts: OMT program designed by ECB - exceeds powers conferred?

Ratio: No exceeding of competences - look at object and instruments
Did not violate prohibition of monetary financinf

12
Q

A50 TEU

A

Withdraw from the union

13
Q

A5 TEU

A

The limits of Union competences are governed by the principle of conferral.

The use of Union
competences is governed by the principles of subsidiarity and proportionality.

14
Q

A4 TEU

A

Principle of Equality