EU law Flashcards

Question

Schumen Declaration 1950

Answer 1

This started the EEC- idea to pool togetehr resources to prevent another war

Answer 2

Any MS govt or commission or palriament can submit to council for ammendment. Majority voting after parliament and commission consulted. Amendments enter into force after being ratified by member states.

Answer 3

any european state that respects article 2 values can apply.

Answer 4

Stability of instiutuions guaranteeing demcracy Must be respect for minorities A functioning market economy Adherence to monetry, economic and political union aims.

Answer 5

' any member state may decide to withdraw from the union in accordance with it's ow constitutional requirements - Greenland left EEC in 1985.

Answer 6

- first major revision of 1957 Rome treaty- set objectove of single market by 1992. Art 2 of EEC treaty aimed to establish a common market Purpose of SEA Designed to create a single market- 6 objectives 1. single market by 1992- cockfield white paper 2. SM shall have no internal frontiers 3. Re-introduced QMV on single market measures in council- cancelled the veto established by lexembourg comprise 4. Parliamnet given legislative role for the first time 5. Promoted economic and social cohesion- ensure poorer states not left behind 6. Action on environment and social dimension Aim was to get EU ready for spain and portugal entering

Answer 7

EUROTOM and EEC treaty- January 1958

Answer 8

no legal status but pursuaded France to come back- they wanted a state to be able to veto any decisions if contray to 'very important interests'

Answer 9

EEC became economic community- 'ever closer union' created. economic and monetry union set as an aim created union citezenship art 20 TEU Social charter to protect rights of workers ect This was very political, not just economical- things re forign policy ect Introduced OLP- codecision- Art 251 First time states allowed to opt in or out i.e. UK and denmark re euro. UK negotiated opt out of social charter- John major not happy with the collective standard.

Answer 10

When ready- are a candidate for memberhsip 2. formal negotiatiosn opened, have to adopt EU law and be in position to appy and implement judicala nd economic reforms- meet accession criteria

Answer 11

in wings to enter but spain refuse to accept them re cattelonia issues

Answer 12

HOGS no legislative power Donald Tusk

Answer 13

1/2 legislative power at the moment they are in Holland- Mark Rutte in charge different area i.e. agriculture meets in 10 configurations of 28 ministers

Answer 14

Reform institutions due to enlargement Extension of OLP in the EP- adjust number of seats president of commission nominated by the council- voted for by the parliament Redesigned OMV- state allocated vote re pop size

Answer 15

reform instiutisons ammended, consolidated and renumbered TEU and EEC treaties extended transparency of decision making

Answer 16

'union needs to be more TRANSPARENT, more DEMOCRATIC and EFFICIENT

Answer 17

they ammended the constiution from 2003 removing federal references, flag and anthem

Answer 18

'more demmocratic and transparent europe' Art 3.1 removes pilar system and clarified the separation of powers, enhancing the role of national parliaments. purpose- to create a more democratic union with a single voice extension of QMV to council Charter of fundamental rights given legal force Improved the Eu's global standing- through HRFASP, adopting a single legal personality so EU can be globally effective in international discsussions, also an eu diplomacy servcice to support HR.

Answer 19

Lisbon made key constitutional changes to the EU's structure. President of European council- Chosen by HOGS in the EC- currently Donald Tusk.- term of 30 months. President of commission- Jean claude Junker. elected by parliament on proposal from the EUROPEAN COUNCIL. only 2/3rds of member states have a commissioner at one time Parliament- 750 members. more power as co-decider with the council. New budget procedure- need aproval from parliamnet and the council. More national parliament involvement- get 8 weeks to respond of proposed legislation. QMV extended- much more based on population size- if 55% representing 65% of the population. Until 2017 member states can still request to use the old voting method whereby there were a certain numebr of votes based on population size.

Answer 20

provides for oridnary an simplified revision procedure. minor reform steps can be taken via the passerelle clause which allows the european council acting unanimously to change aprts of the treat i.e. extending OLP to certain other areas

Answer 21

4.3. is an example of pacta sunt servanta- good faith- states assisting one another to achieve collective union goals competences not conferred belong to member states, also have to respect national identities.

Answer 22

the aims of the EU i.e to promote peacec, values of people, offer 4 freedoms, economic growth. This article provides the legal basis for most EU action

Answer 23

This is very broad- if action is necessary for union to achieve it's treaty aims and objectives then the council (acting unanimously) on a proposal from the commission and COSNENT from EP can act using special legislative procedure danger of this is recognised in directive 2/94

Answer 24

union must clearly state reasons for act

Answer 25

exclusive competences i.e. customs union

Answer 26

Shared competences i.e. agriculture and internal market

Answer 27

Suplementary competences i.e. tourism and education

Answer 28

principle of conferral. under this the union can only act within it's competences. if there is no competence then there si no inherent sovreignity (like there is in westminster) Art 296 TFEU- all acts must state their legal basis. as seen in Vodafone v Sec state- it is very hard to control competences

Answer 29

a union act is justifiable if it cannot be achieved locally or in national state and better achieved at union level. This is only in areas of shared competence Protocol 1- encourages role of national parliaments- 8 weeks to look at legislation protocol 2- commsion need to take account of local dimesion and parliaments can object to proposals on grounds of subsidiarity

Answer 30

ACtion must be completly proportional and justifiable, it cannot exceed necessity. Must be protportional to ends and outcome and necessary to achieve legitimate aim.

Answer 31

this is re propotionality- said a blanket ban on UHT milk was unporportional

Answer 32

re proportioanlity- Greece refused to accept Macedonia as a seperate state- their ban on imports from the country was deemed to infronge proportionality.

Answer 33

' There are few areas of community law if any at all where proportioanlity is not present.'

Answer 34

Differentiated intergration term to describe way to recognise that due to size of eU there will be soem irreconcilaible differences- take the UK on the social charter- everyone else accepts so it is made union law for everyone bar the UK. SEA- allowed exemptions Widening v Deepening- enhance co-operation- art 326, allows states to move foreard if they wants- 9 states must participate though.

Answer 35

Each instiution shall act within the powers conferred to them by treaties. this act is the legal basis for instiuttuions

Answer 36

only recognised by Lisbon as a formal institution. but recognised as codified in asstrict. HOGS, president of european council and president of commission- those two don't vote though. Lisbon created the 'permenant presidency' of the european council- before, it rotated. President is elected and voted for by the european council- for 2 and a half years. 1st was Von Rumpey, now Tusk. Meetings are held in Brissels and informally in presidential state (holland ATM) 'provides the EU with the necessary impetus... has no legislative function.'. They discuss legislation in principle and provide political direction for the EU. They make final decisions on - treaty ammendment - enlargment - financial reform Their decisions are made by consensus unless the treaty provides otherwise, thus preserving state sovreiegnity. QMV in some circumstance though- the UK did not want Tusk in the presdiental seat. the president according to 15.6 shall 'chair adn drive forward the work of the EC. His accountability is to the European parliament. He facilitates cohesion and consensus

Answer 37

aim- ' to promote the general interests of the union' In 2013 it was decided that number of commsisoners should be 28- elected every 5 years. each takes on a specific policy area. The candidate for President of the Commission is proposed to the European Parliament by the European Council that decides by qualified majority and taking into account the elections to the European Parliament. according to Article 245- he should be 'independant beyond doubt' He orgnaises and guides the commissions work, appoints commissioners and HR. Commissioners serve union rather than national interests- Thatcher did not like this. Based in the Berlyamont building in Brussels. They ensure EU law is adopted an member state follow their obligations. Principle powers of the commission; - legislation (initiative power on EC impetus) - enforcement via art 258/260 - implementation - negotation - budget. Except with the CSFP and PJCCM- they are exclsuive policy generators legal guardian of treaties- external representator and negotiator/mediator 17.8 they are collegially accountable- parliament can bring a MOTION of CENSURE to dissmiss commission. This was threatened in 1999- there was a corruption scandel, EP said they would impeach so the whole commission resigned

Answer 38

He is the UK's commissioner and deals with financial services

Answer 39

Vice-president of the commission

Answer 40

Have a legislative and budgetory role In their specific policy areas, the minsiter is empowerd to commit his national state to decision making by QMV unless treaty provides otherwise. They are supported by COREPER- committee of permenant representitives in the EU- they achieve and build consensus- ministers give permission. Functions of the council; - Pass legislation jointly with the EP - co-ordinate economic policies of MS - conclsude international agreements- this can be done through SLP -approve budget with the EP develop CFSP with political guidance from the EC - co-ordinate natioanl courts and police QMV- it is not proportional- 1 German vote= 2.8 million - 1 Malta vote= 141,666 QMV ensures that a minorty of the population cannot outwigh the majority. Presidency- held for 6 months on a rota- Mark Rutte. ATM Luxembourg- Holland- Slovakia. they all work together to harmonise. the president country organises and sets the adgenda. It's base permenantly is the Justus Lipsis building in brussels.

Answer 41

Consensus is preferred but the council will use QMV for legal reasons.

Answer 42

if 1/3 national parliamnets contest on subsidiarity principle within 8 weeks of proposal adoption, the commission MUST review and either ammend, maintain or withdraw.

Answer 43

more than half of memebr states contest leg proposal and commisison decides to maintain then have to detail why then is up to council and parliament to make final decision.

Answer 44

Article 14 TEU/ 223-34 TFEU Fixed so is degressivly proportionate to population size. Capped by lisbon at 751+ president. The UK has 73. jointly legislates with commission and council. since 1979- elections every 5 years based in brussels- 3/4 days a month in plenary in starsbourg. president (speaker) Martin Schulz (eurpoean peopls part there are 8 political groups- sit in politics rather than state. their supervisory role is played in that they approve the president of the commission and propose a candidate for the president of the eurupean council. they have scrutiny powers over the EC and commission. OLP- now tripartite system. Art 294 since is co-legislator, they aso have a base in brussels although they vote in starsbourg. As thay are viewed as legitimate as elected by public, they can lobby and petition to commission to introduce leg in area- art 225

Answer 45

1 million signitures from 7 member states 'stop plastic in sea'- this is open for signiture 'weed like to talk'- porposal Haven't yet had a sucessful one.

Answer 46

coucnil are not bound by what parliament says- although have to lsiten this happens in completition law and in adoptions of opinions and reccomendations

Answer 47

approval of EP necessary in appointment of commssioners international agreements acession of new MS and seccesssion

Answer 48

this is for CSFP- need unanimity not QMV as are commiting states military resources

Answer 49

that either council or parliament can adopt a regulation or directive with just the consultation of the othere in specific areas i.e. human rigths

Answer 50

defines the unions legal acts

Answer 51

commission v france

Answer 52

the ECA 1972 and EU act 2011 the UK 'gold plate' EU legislation in order to 'sort out' EU imprecisisons i.e. the firework legislation. in Oakly- 'run the risk of getting it wrong, no need for this rigarole' section 53 of the scotland act deals with scottish minsters taking on the responsibility of observing and implementing directives

Answer 53

Algomene transport case re direct effect.

Answer 54

'capeable of creating individual rights which courts must protect'- Eridemia case

Answer 55

clear and precisie Creates unqualified, unconditional obligations requires no implementing measures direct effect is the principle that union law may confer rights on individuals which MS are bound to recognise and enforce

Answer 56

Direct effect and primacy

Answer 57

every national court must apply union la win it's entirity and they must set aside conflicting national law

Answer 58

Supremacy of EU law | execution of EU law cannot vary from state to state

Answer 59

Full supremacy Does community law take precedent over fundamental constitutional rights of the memebr states- this wa sin germany. court held that EU law is supreme over ALL law- 'however framed' irregarless of the nature and status of the national law, directly applicable EU law takes precedence

Answer 60

duty of national courts- practical implications of the supremeacy doctrine French made to pay for health checks on beef being exported to italy- contrary to union law. Italy said that even if italian law conflicted then it stsill had to be applied until the italian courts declared in unconstitutional. ECJ held that this was not true and national courts had a duty to GIVE FULL EFFECT TO EU law and not to apply conflicting national law- no need to wait until 'set aside' MS law is inapplicable if conflicts directly but also if it 'encroaches on a field within wihich the EU excersises legilative power- conflict may be indirect or potential- still limited.

Answer 61

Verticle direct effect woman used the frankovich principle to gain compnesation from the state as she could not rely on a directive against a private body (horizontal)

Answer 62

A directive can be used against a public body as this si a branch of the state (vertical)

Answer 63

both re supremacy in the UK

Answer 64

Indirect effect no national law had been passed for the directive National courts must interpet laws in the light of directives. the directive was not transposed into spanish law. Does this observe legal certainty as judge essentially asked to creat outcome which does not observe the law.

Answer 65

Indirect effect. German courts said that travel expenses for a woman who did not get a job due to discrimination was enough. ECJ said no; 'member states must take all of the appropropriate measures to ensure fuffillment of their community obligations' Although states have freedom to implement the directives in their own way they still have to ensure that their obligations are fully achieved to ensure uniformity of EU law MS had discretion to decide remedy according to art 189 (how directives are implemented) but need to fufill obligations

Answer 66

ARticle 43 TEU

Answer 67

airhostess paid less than male counterparts art 119 EC treaty- had horizontal and vertice effect- now art 18 TEU Article 157 on equality made preliminary reference under 267 CJEU held that art 157 imposed a CLEAR and UNOCNDITIONAL prohibition of discrimination and that the article had horizonatl effect so could be applied against the airline as a private employer 'the prohibition on discrimination... applies not only to public authorities but extends to all agreements intended to regulate paid labour collectively as well as individuals'

Answer 68

agreement to abolish customs duties for good produced in an area- first stage of economic intergration. NAFTA- US export raw materials to mexico tarriff barriers eliminated

Answer 69

Builds on the free trade area- single common tarriff wall (can move freely despit origin)

Answer 70

free movemt of goods regardless of origin and laso free movement of factors fo production (capital and labour)

Answer 71

they moved forward with the single european act and the idea of an internal market

Answer 72

It is clear and precisie no discretion for implementation deadline for impplementation has passed

Answer 73

union and MS must assist each other in achieveing union aims This is the FOUNDATION for indirect effect

Answer 74

if directive not transposed courts are bound to interpret national law in order to achieve results.

Answer 75

Both of these applied indirect effect | These are about the supremacy of EU law over domestic law

Answer 76

The UK uses a purposive approach but does not like to go against national law- the house of lords refused to 'distort the meaning of national law'

Answer 77

UK courts cautious of aplying Van caulson principles. As in Duke they would only depart from their purosive meaning of legislation if it was intended to implement the directive. used the pruposive approach to ensure compatibility with EU law

Answer 78

This case stablished the VERTICLE direct effect of directives- re free movement of workers (scientology) Eu directive that public policy provisions had to be based on 'personal conduct' had not been implemted in the UK . Miss Van Duyn attempted to rely on article 48 of the Treaty, and Art 3 of Directive 64/221, which allowed free movement of workers in the EU. Since the directive laid down an responsibility, which was not subject to any exclusion or condition, and by its nature did not require involvement on the part of the Community or Member State, it was to be regarded as directly effective conferring enforceable individual rights, which national courts must protect. However, a member state could refuse leave to enter its territory on the ground of association with an organisation whose activities were deemed to be contrary to the public good. It was irrelevant that the organisation is not unlawful and that nationals of member state are permitted to work for it. Miss Van Duyn was refused entry. She tried to rely on an unimplemented directive Bouchereau followed.

Answer 79

art 288 | AR 'binding as to the result to be achieved'

Answer 80

said was violation of art 30 re customs duties ECJ held that obligations imposed on memebr states by treaties could be enforce by individuals in national courst for a treat article to do this it must be - clear and unambiguous - unconditional and not dependant on implementing measures - must confer a specific enforcable right

Answer 81

rules for state liability - rule of law infringed must have been intended to create specific rights for individuals - breach must be suffieciently seriouos ( defined infactortame- must be grave) - must be a causal link beteen the breach and the damage.

Answer 82

this further defined the francovich principle - infringement of law conferring rights on individuals - sufficiently serious breach - causal link this case and factortame three defined what a sufficently serious brecah was- when state acts in way that is gravely and manifestly outside the margin of discretion was it intentional in scotland local governtment could be responsible if they meet brassarie test

Answer 83

Directive could not be relied upon as the time for transposition had not passed so until then it was not intended to have legal effect

Answer 84

A regulation will have direct effect and be directly enforcable in national law if it is clear as to the source of compensation

Answer 85

UK take purposive approach- look at aims of directive. howvere they refuse to distort UK legislation (like duke) Lord Hope- 'domestic courst must seek to achieve the same result as intended by the relevent provision of EU law where it is REASONABLY possible to do so'

Answer 86

factortame- recieved 55 million | Brassarie recieved 0 due to strict german causation laws.

Answer 87

application of frankovich/brasserie man injured in car journey whilst transporting drugs- claimed against the UK for failing to implement insurance and road safety directive

Answer 88

' the court shall ensure that i the interpretation and application of the treaties the law is observed

Answer 89

jurisdiction of the general court

Answer 90

jurisdiction of the specialised courts

Answer 91

Court does not consider itself bound by precedent - will not always say when cases have been overulled

Answer 92

says that courts take interpretation from politically natured guidlines in their pruposive approach

Answer 93

The court is a dangerous instiuttion and is sqewered by their own policy considerations

Answer 94

says that through the treaty revision MS have implicitly/explicitly aproved court decisions- the court in it's constitutional role plays an important role in preseving the balance between the memebr states and the EU

Answer 95

1. Case lodged before the court 2. If direct action- one month to lodge defence If indirect action (267) then 2 months to submit observations 3. Preparatory hearing and date set for oral hearing 4. Oral hearing 5. opinion of AG 6. Deliberation and judgement

Answer 96

Had faied to implement directive. belgium said this was devolved governemnts fault- still parliamnets fault. an argan of the state can create state responsibility

Answer 97

a private organisation under control of the state as were treating domestic products more favourably - violation of art 34

Answer 98

french farmers attempting to prevent imports- didn;t prevent actions of farmers despite having capeability to do so. Member state was in position to prevent/terminate action but failed to do so creating responsibility under article 34

Answer 99

rareoccasion of state v state action art 259 this was re the prevention of the hungarian president entering slovakia- this was found to be ok due to his status as a HOG

Answer 100

1. informal communications 'letter of concern' 2. formal letter of complaint- proceedings under art 258 begin. 2 months to reply. 3. 'resoned opinion' given detailing breach. they are given time to submit reply/ rebuttal/remedy. if commisison not satisfiied then refer to CJEU Judicial phase 1. either - unforunded (no breach) - Breach - Admissable (irrelevent) 2. defences - procedural impropoety - force majure (belguim v commsion re dev govt) - political/ economic issues- UK v commsion re traffic distance measures - Repriciocity- other states involved in breach- francev commission

Answer 101

re tacographs- commison said that poltical issues were not enough to justify breach

Answer 102

french fisheries- £20 million lump sum then £57.8 million per half year of non compliance french did continue their breach on british meat imports even after 288 order- still lump sum and ongoing penalties

Answer 103

'a member state cannot use it's decentralised structure as a cloak in or' der to justify it's failure to comply with union law

Answer 104

'plays an essential role in guaranteeing the corrrect application of eu law'

Answer 105

in 'les verts' court said any institution of the EU is suceptable to judicial review and annulment proceedings. if the act is adopted by 'common accord' by the memerb state then cannot be reviewed as are acts of the mS not the union the act must be capeable of producing legal effect lisbon extended reeview to council and commission

Answer 106

lack of competence | infringement of procedural requirements

Answer 107

legislative acts acts of council, commisison and ECB (not reccomendations and opinions) intended to creat rights vis a vis 3rd parties acts of parliament and european council intended to crete rights vis a vis 3rd partiies

Answer 108

act must be challangeable you must have locus standi not be time barred (2 months ) be illegal

Answer 109

do not need to activly demostrate their interest | i.e. parliamnet v cherynobyl

Answer 110

auditors, committee of the regions. can use 263 if is deemed to 'infringe their perogitives'

Answer 111

they were greek cotton grower- they were able to prove that they were part of a closed group so had individual concern

Answer 112

directly effect their union rights without any intervening authority

Answer 113

test for direct concern- must directly effect their legal situation ... implementation must be purly automatic

Answer 114

differentiated from all other persons and distinguishes them individually- plaumann clemintine seller was not individually distinguishable

Answer 115

regarding a regulation on sparkling wines. cordeniua managed to satisfy the plauman test due to registering the trademark in 1924. the provision was deemed void. this is succesful action on annulment and fufillment of direct and individual concern

Answer 116

he proposed a new test for standing and questioned wetehr the right to judicial prtection was being comprimised by plaumann (the GC had already tried to deter from principle in jego quere by applying a teleogical approach but this was appealled and over rurled by the cjeu) ' individuals cannot be required to break the law in order to gain access to justice' In UPA although went against jego quere, they did suggest that revison of art 263 would be possible but only by MS in treaty revision- ball in their ocurts- eventually done in Lisbon 'implenting measures'

Answer 117

this is what AG jacobs suggested instead of plaumann

Answer 118

fishermen contested a regulation re drift net fishing- traditionally no locus standi but general court (CFI at time) decided to grant them standing- focussed ont he merits and outcome of case rather than individual concern

Answer 119

the 'reform' from lisbon

Answer 120

they attempted to define a regulatory act- they are not legislative acts but all other acts of general application.

Answer 121

- lack of competence( art 3 and 5 TEU ) equivilent to a UK substantive ultra vires act - infringement of procedural requirement- something essential such as the duty to consult. can just show that the result would' ve been different (commission v belgium) - infringement of treaties or application of treaties i.e. proportionality and subsidiarity - misuse of powers

Answer 122

act annulled and declared void

Answer 123

if union fails to act then they can be called up for it

Answer 124

in brasserie they talked about equality between the eu institutions and memebr states regarding liability. 3 condiditons; conduct- must have infringed law intended to create rights for individuals breach- must be sufficiently serious causal link above was confirmed in the bergardem case

Answer 125

i.e. the inuits off baffin island

Answer 126

aims at ensuring that all EU countries respect the common values of the EU, including the rule of law. The preventive mechanism of Article 7(1) TEU can be activated only in case of a ’clear risk of a serious breach’ and the sanctioning mechanism of Article 7(2) TEU only in case of a ’serious and persistent breach by a Member State’ of the values set out in Article 2.

Answer 127

injects wisdom of CJEU into national courts they ask for correct interpertation of treaties or on the validity of a act- this is an alternitive route to judicial reviwe and not so strict

Answer 128

Any national court or tribunal in the vassel gobbels case a minors arbitration court qualified as it was validly constituted under sutch law and was a permenant body charged with the settlement of disputes. takes around 2 years to get luxembourg judgement

Answer 129

unless vague, ulteriar motvive or not a legitimate abuse of eu law- the national court may not have given sufficient info- plasania case

Answer 130

-no remedy in national law ( court of last instance) exceptions- acte eclair( already been considered by the cjeu) or acte clair (dispute in last insatnce has such a clear answer- CLIFIT) - question of validity- only cjeu can invvalidiate a union meausre (uniformity) - Foto frost 'differences between the courts of memebr states to the VALIDITY of a union measure would JEPORDISE eu legal order- Air transport america case.

Answer 131

guide issued on when to use prelimiary ruling

Answer 132

court declares acct void ab initio and this has effect ergo omnes

Answer 133

Sir BIngham in the English high court in SAMES case

Answer 134

if case similar has already been sent for PR then should go by reuslt of thei case don;t be pointless. they are binding on subsequent cases

Answer 135

national courts have liability if they have failed to comply with 267 obligations i.e. misapplying acte clair (saying there was a clear unrefutable answer)

Answer 136

this has complete ergo omnes effect- Internatioanl chemical corperation

Answer 137

the PR is binding for that question but not for the main proceedings. the judge does not have to apply but this is very rare.

Answer 138

they are not keen on them- austira has had 471 copared to less than 10 from scotland - scotch whiskey - hydro seafoods- control of farmed fish stocks

Answer 139

rebellion from german courts- said that their constitution contained fundamental human rigths not provided for int the treaties

Answer 140

internatioanal agreements to which memebr states are parited to are protected..

EU law Flashcards

(165 cards)