EU law

Question 1

Open method of co-operation goals

Answer 1

Jointly identifying and defining objectives to be achieved (adopted by Council); jointly established measuring instruments (statistics

Question 2

Exclusion

Answer 2

A national court sets aside a provision of national law that conflicts with a directly effective provision of EU law

Question 3

Substitution

Answer 3

A national court applies a directly effective provision of EU law to a concrete situation

Question 4

Which case states that sovereignty cannot prevail over EU law?

Answer 4

Costa v ENEL

Question 5

Exceptions and requirements of the VDE

Answer 5

No VDE before implementation period ends; during that period courts must act in good faith; VDE only after expiration in cases of misimplementation

Question 6

Exceptions to the Commission’s right to initiative

Answer 6

EP (Art 225 TFEU)

Question 7

EP proposal procedure

Answer 7

EP declares intent → Presidents’ Conference approves → Committee drafts report → Plenary adopts → Commission may follow up

Question 8

CJEU’s current criteria for direct effect

Answer 8

Provision must be unconditional and sufficiently precise

Question 9

Why adopt other legislative procedures?

Answer 9

To avoid non-cooperative MSs and retain creativity and flexibility

Question 10

Vertical effect means

Answer 10

The individual can invoke EU law against a Member State

Question 11

Standard legislative procedure

Answer 11

Joint adoption by EP and COU of regulation/directive/decision on Commission proposal

Question 12

Rejection by EP = veto

Answer 12

Proposal goes back to Council with EP’s reasoning for reconsideration

Question 13

Ordinary legislative procedure

Answer 13

Joint adoption by EP and COU of a regulation

Question 14

Case van Gend en Loos consequences

Answer 14

EU law has direct effect; individuals can invoke it in national courts; national courts gain a European mandate; private enforcement

Question 15

Van Gend en Loos case

Answer 15

Art 12 EEC has direct application; EU is a new legal order; individuals can claim rights from EU law

Question 16

Direct effect

Answer 16

Ability of an EU law provision to be invoked in a national court

Question 17

Conditions for enhanced cooperation

Answer 17

Applies in non-exclusive competences; must advance EU goals and integration

Question 18

Von Colson and Kamann case

Answer 18

National courts must interpret national law to reflect wording and purpose of EU directives

Question 19

Which rule of law principle does Les Verts illustrate?

Answer 19

Right to an effective judicial remedy including judicial review of administrative acts

Question 20

What is the ‘nuclear option’?

Answer 20

Invocation of Art 7 TEU: suspension of certain Member State rights (e.g. voting)

Question 21

Which EU instruments can have direct effect and how?

Answer 21

Treaties (V/H)

Question 22

Conditionality mechanism measures

Answer 22

Suspension or withholding of EU funds for financial interest violations

Question 23

Requirements of direct effect

Answer 23

Provision must be unconditional

Question 24

Three core Rule of Law principles in EU

Answer 24

Legality

Question 25

Nature of a directive under Art 288 TFEU

Answer 25

Binding as to result for each MS addressed; form and methods left to national authorities

Question 26

Limits for national interpretation of law

Answer 26

Must be existing national law; cannot rewrite or interpret contra legem; limited by legal certainty

Question 27

Broad interpretation of vertical direct effect

Answer 27

Can be used against all public entities or private ones deemed public (emanations of the state)

Question 28

What if the other party is private?

Answer 28

No horizontal direct effect of directives; can’t use direct effect

Question 29

Objective of 2014 RoL Framework

Answer 29

Prevent escalation to Art 7 TEU; early dialogue with MS to resolve threats to RoL

Question 30

Scope of obligation to interpret in conformity

Answer 30

Applies to all national law; exists after deadline; must interpret whole legal body to fulfill directive’s purpose

Question 31

When to disapply national law conflicting with EU law (Dominguez)

Answer 31

Only if compatible interpretation is not possible

Question 32

Basis for indirect effect (Von Colson)

Answer 32

Directive imposes binding obligations; courts must interpret national law to reflect directive goals

Question 33

Why use indirect effect?

Answer 33

When direct effect is unavailable; to achieve harmonized interpretation

Question 34

Why no horizontal direct effect for directives?

Answer 34

Would improperly impose obligations on individuals; confirmed in Faccini Dori

Question 35

EU tool that assesses justice systems

Answer 35

EU Justice Scoreboard – compares effectiveness

Question 36

Van Duyn v Home Office outcome

Answer 36

Individuals can rely on directives against the state; refusal would weaken directive’s effectiveness

Question 37

What are the two tensions in EU RoL enforcement?

Answer 37

Horizontal (MS vs MS) and vertical (EU vs MS)

Question 38

Art 2 TEU fundamental values

Answer 38

Human dignity

Question 39

Marshall v Southampton ruling

Answer 39

A directive cannot impose obligations on individuals; not enforceable against other individuals

Question 40

Scope of indirect effect

Answer 40

Applies after directive deadline; courts must interpret national law accordingly

Question 41

Costa v ENEL case context

Answer 41

Italian law contradicted EEC treaty; confirms primacy of EU law even in dualist systems

Question 42

Lisbon Treaty’s effect on EP

Answer 42

Gave EP co-legislative power with Council