BPP Study Manual Chapter 3 - Sources of Law Flashcards Preview

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Flashcards in BPP Study Manual Chapter 3 - Sources of Law Deck (19)
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1
Q

What are the primary sources of EU law?

A

The various treaties and amendments that formed the EU, as well as treaties signed between the EU and third parties.

2
Q

What are the secondary sources of EU law?

A

measures like regulations, directives, decisions, recommendations and opinions

3
Q

What gives EU instititions the power to make secondary legilations?

A

Article 288 TFEU

4
Q

What are the characteristics of EU regulations?

A
  • binding
  • apply to all MS
  • ‘directly applicable’ ie they become law instantly in each MS without any need for implementation - though not necessarily ‘directly effective’.
5
Q

What are the characteristics of EU directives?

A
  • applies to all MS
  • binding as to the result that must be achieved
  • not directly applicable. Each MS decides how to apply the law most effectively to achieve the specified result. Eg in the UK through Acts of Parl or statutory instruments
6
Q

What are the characteristics of EU decisions?

A
  • binding on their addressees only
  • do not require further implementation by MS
  • may be addressed to MS individually or collectively, or individuals/undertakings
  • relatively uncommon
7
Q

What are the characteristics of EU recommendations/opinions?

A
  • not binding and not legal decisions or acts; “soft law”

- relatively uncommon

8
Q

What article requires Union institutions to provide the reasoning for decisions?

A

Article 296 TFEU (2009)

9
Q

What are the ‘general principles of EU law’?

A

the principles used by the CJEU to interpret EU law. CJ uses them to determine cases views them as underlying the application of EU law

10
Q

How can the ‘general principles’ be used?

A
  • aid to interpretation
  • by MS and individuals to challenge Union action
  • more rarely, to challenge a MS’s actions
  • to support a claim for damages against the Union
11
Q

Name the ‘general principles’

A
  • equality
  • legal certainty
  • legitimate expectation
  • the right to a hearing
  • legal professional privilege
  • proportionality
  • human rights
12
Q

What does the principle of legal certainty mean?

A

Union measures cannot generally be retroactive, though some can be retrospective in exceptional cases

13
Q

What does the principle of legitimate expectation mean?

A

Union law must not violate the ‘legitimate expectation’ (ie the expectation of a reasonable man) of those affected by it.

14
Q

What does the right to a hearing entail?

A

those perceptibly affected by a decision taken by a public authority have the right to have an opportunity to make their views known

15
Q

What is the principle of proportionality?

A

any measure taken by the EU must be proportionate to and suitable for the purposes which are to be achieved.

16
Q

In what case did the CJ accept that the protection of fundamental human rights was part of the general principles of EU law?

A

Stauder v City of Ulm [1969]

17
Q

In what case did a German court state that they could declare EU laws inapplicable in Germany? What were the effects of this?

A

Solange I [1974].

Undermined EU law’s supremacy and encouraged the CJ to embrace HR law.

18
Q

What EU treaty now incorporates a statement of Human Rights? What is the statement called?

A

Article 6 TOTEU 2009 (treaty of the european union).

EU Charter of Fundamental Rights

19
Q

What are the three sources of EU law?

A
  • primary sources (treaties and amendments)
  • secondary sources (delegated legislation; regulations, etc)
  • General principles of EU law.