EU Law - Slides Flashcards

Question

Which countries joined the EU in the 1970s and 80s?

Answer 1

1973 → UK, Ireland, Denmark 1981 → Greece 1986 → Spain and Portugal

Answer 2

The Single European Act 1986

Answer 3

Harmonization: Harmonization involves setting uniform regulations and standards across all member states. This approach ensures a high level of consistency and eliminates differences in technical requirements that could create barriers to trade within the EU's single market. The European Commission plays a central role in proposing and adopting harmonized standards, directives, and regulations that apply uniformly across member states. This approach simplifies compliance for businesses operating across borders and promotes the free movement of goods and services within the EU. Mutual Recognition: Mutual recognition allows member states to accept standards and regulations adopted by other member states, even if they differ from their own national standards. This principle, established by the European Court of Justice, facilitates trade by reducing the need for products to undergo multiple sets of testing and certification to comply with different national regulations. However, mutual recognition relies on trust among member states that each other's regulatory regimes provide equivalent levels of protection for consumers, workers, and the environment. Use of International Standards: Member states often refer to internationally recognized technical standards, such as those developed by the International Organization for Standardization (ISO), in their regulatory frameworks. These standards provide a common basis for technical specifications and promote interoperability and compatibility of products and services on a global scale. While the EU may not directly set international standards, it may adopt or reference them in its harmonized regulations to facilitate trade and ensure compatibility with global markets. The interplay between harmonization, mutual recognition, and the use of international standards reflects the EU's approach to balancing the need for regulatory coherence and effectiveness with the principles of subsidiarity and diversity among member states. By harmonizing where necessary and relying on mutual recognition and international standards where appropriate, the EU seeks to promote economic integration while respecting the regulatory autonomy of its member states.

Answer 4

The CSFP is under the Commission. The signing of treaties with third countries and other IOs is with the Council of the European Union.

Answer 5

In this triangular dynamic: The European Council provides strategic direction and political guidance, often addressing overarching issues and setting the EU's broad priorities. The European Parliament represents the interests of EU citizens, bringing their perspectives into the legislative process and providing democratic oversight. The Council of the European Union represents the member states' governments and serves as the main decision-making body, where national interests are often negotiated and compromises reached.

Answer 6

The Single European Act (SEA) of 1986 indeed introduced more specific objectives for the completion of the single market within the European Community. Here are the key elements related to increased use of Qualified Majority Vote (QMV) and the establishment of a deadline for achieving the internal market: **Increased Use of Qualified Majority Vote (QMV):** The SEA aimed to accelerate decision-making processes within the European Community by expanding the use of QMV in the Council of the European Union. QMV allows for decisions to be made by a majority of member states based on weighted voting, rather than requiring unanimity. This change was intended to streamline decision-making and overcome potential obstacles posed by individual member states' objections or veto powers. **Article 110a (now Article 114 TFEU):** The SEA introduced Article 110a, which later became Article 114 of the Treaty on the Functioning of the European Union (TFEU). This article provided the legal basis for the adoption of measures necessary to achieve the internal market. It empowered the European Community to take action in areas where common rules were necessary to remove barriers to the free movement of goods, services, capital, and persons within the Community. Article 114 TFEU has been instrumental in facilitating the harmonization of laws and regulations across member states to create a more integrated and competitive single market. **Deadline for Achieving the Internal Market (1992):** The Single European Act set a clear deadline for completing the internal market by the end of 1992. This ambitious goal aimed to remove remaining barriers to trade and establish a fully functioning single market within the European Community. The deadline provided a sense of urgency and commitment among member states to work towards the common objective of market integration, leading to a flurry of legislative activity and reforms in the years leading up to 1992.

Answer 7

Cooperation Procedure: The cooperation procedure, established by the Single European Act (SEA) of 1986, significantly increased the European Parliament's legislative influence within the EU. Under this procedure, the Parliament **was granted the power to give its opinion on proposed legislation alongside the Council of the European Union.** If the Council did not accept the Parliament's opinion, a conciliation committee would be formed to seek a compromise. If an agreement could not be reached, the proposed legislation would not proceed. This procedure effectively elevated the Parliament to a co-legislator alongside the Council, strengthening its role in shaping EU laws and policies. Veto Power in Enlargement Matters: The European Parliament's role in enlargement matters was further strengthened by granting **it veto power over decisions related to the accession of new member states to the European Union.** This gave the Parliament the authority to approve or reject proposed accession treaties negotiated between the EU and candidate countries. The Parliament's ability to veto enlargement decisions underscored its role as a democratic institution representing the interests of EU citizens and ensured that the accession process was subject to democratic scrutiny and accountability.

Answer 8

No, the Single European Act (SEA) represented a significant advancement in the functionalist approach to European integration by attributing more functions to the European Community (later the European Union) and expanding its competencies beyond the realm of economic cooperation.

Answer 9

**Establishment of Common Foreign Policy Objectives:** The SEA recognized the importance of coordinating foreign policy among member states and established common foreign policy objectives for the European Community. While foreign policy remained primarily the domain of member states, the SEA paved the way for closer cooperation and alignment of national positions on international issues. **Enhanced Cooperation Mechanisms:** The SEA introduced mechanisms to facilitate cooperation among member states in foreign policy matters. For example, it provided for increased consultation and coordination among member states on foreign policy issues of common interest. This included regular meetings and exchanges of information among foreign ministers to discuss international developments and coordinate responses.

Answer 10

The significance of the Simmenthal case lies in its establishment of the "disapplication" principle, which allows national courts to set aside conflicting national laws and enforce EU law independently. This principle grants national courts the power of judicial review, even in countries where parliamentary sovereignty was previously considered absolute. As a result, Simmenthal indirectly overturned parliamentary sovereignty in some EU member states, empowering national judiciaries to uphold EU rights and principles. The Mangold case mandated national courts to set aside conflicting national law if it conflicts with the principle of equality enshrined in EU law.

Answer 11

Harmonization of Laws and Regulations: Article 100a/114 TFEU (now) provides the legal basis for the adoption of measures necessary to ensure the functioning of the internal market. This includes harmonizing laws, regulations, and administrative provisions of member states that directly affect the establishment or functioning of the internal market. By harmonizing these rules, the EU aims to eliminate barriers to trade and create a level playing field for businesses and consumers across member states.

Answer 12

Maastricht Treaty 1993 = Treaty of the European Union

Answer 13

Economic and Monetary Union Subsidiarity Principle

Answer 14

The Maastricht Treaty introduced a juxtaposition between these two methods by incorporating elements of both into the EU's institutional framework: Community Method Emphasis: The Maastricht Treaty reinforced the community method in several areas, such as the expansion of **co-decision powers** for the European Parliament. These provisions reflected a commitment to further integration and the supranational approach to governance. Intergovernmental Method Inclusion: At the same time, the Maastricht Treaty also incorporated elements of the intergovernmental method, particularly in areas of high national sensitivity, such as foreign and security policy. The **CFSP**, for example, operates primarily on an intergovernmental basis, with decisions requiring unanimity among member states.

Answer 15

Community Method: The community method, also known as the supranational method, is the primary approach to decision-making and policy formulation within the EU. Under this method, the European Commission proposes legislation, which is then adopted by the Council of the European Union and the European Parliament through a process of co-decision. The community method emphasizes the role of EU institutions in setting common policies and regulations, often based on the principles of shared sovereignty and integration. Intergovernmental Method: In contrast, the intergovernmental method involves decision-making and cooperation primarily among member states' governments. In intergovernmental processes, national governments negotiate and agree on policies and treaties through consensus-based diplomacy. Intergovernmental cooperation tends to prioritize national interests and sovereignty, with decisions requiring unanimous agreement among member states.

Answer 16

First Pillar: European Communities Second Pillar: Common Foreign and Security Policy Third Pillar: Cooperation in the fields of justice and home affairs

Answer 17

Treaty establishing the European Coal and Steel Community Treaty establishing the European Economic Community Treaty establishing the European Atomic Energy Community Treaty on the European Union (Maastricht Treaty)

Answer 18

No, it was rather a revision.

Answer 19

Austria, Sweden, Finland The neutrals

Answer 20

1st January 2002

Answer 21

In 1999, the entire European Commission, led by President Jacques Santer, resigned amid allegations of corruption, nepotism, and mismanagement. The resignation followed a critical report by an independent panel, which highlighted deficiencies in financial controls and accountability within the Commission.

Answer 22

2004: la grande Europe → simultaneous accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia.

Answer 23

Vertical vs. Horizontal Integration Debate: This debate revolves around the optimal approach to integration within the EU. Vertical integration refers to deepening integration in specific policy areas, such as economic and monetary union or foreign policy, among a subset of member states willing to proceed at a faster pace. Horizontal integration, on the other hand, emphasizes broadening integration across all member states, ensuring that all countries participate in and benefit from EU policies and initiatives. The 2004 enlargement brought this debate to the forefront as policymakers grappled with balancing the need for deeper integration in certain areas with the imperative of inclusivity and solidarity among all EU member states. Social Dumping Concerns: Social dumping refers to the practice of employers exploiting differences in labor standards and wages across countries to gain a competitive advantage. Concerns about social dumping arose in the context of the 2004 enlargement, particularly with regard to the free movement of workers from Central and Eastern European countries to Western European countries with higher wages and stronger labor protections. Critics argued that this could lead to downward pressure on wages and working conditions in Western European countries, exacerbating social inequalities and undermining social cohesion within the EU. Addressing social dumping became a key issue in debates over labor mobility, social policy coordination, and the balance between economic freedoms and social rights within the EU.

Answer 24

The Lisbon Treaty 2009

Answer 25

Lisbon Treaty 2009, shift entirely to the intergovernmental method

Answer 26

The Treaty on European Union (TEU) lays down the fundamental principles and objectives of the EU. It outlines the legal basis for the EU's policies and institutions. The TEU also includes provisions on the functioning of the EU's institutions, decision-making procedures, and the relationship between the EU and its member states. On the other hand, the Treaty on the Functioning of the European Union (TFEU) elaborates on the specific powers and policies of the EU in more detail. It sets out the competences of the EU in various areas, such as the internal market, competition policy, agriculture, fisheries, transport, and more. The TFEU also defines the institutional framework within which these policies are implemented, including the roles and powers of the European Parliament, the European Council, the Council of the European Union, the European Commission, and the Court of Justice of the European Union.

Answer 27

It allowed a greater involvement of citizens. It made the EU Charter of Fundamental Rights binding.

Answer 28

Both can start new acts of the EU.

Answer 29

Article 50 of the Treaty on European Union (TEU) outlines the process for a member state to withdraw from the European Union.

Answer 30

 Ordinary legislative procedure  Wider qualified majority voting  Art. 50 TEU

Answer 31

**Citizen Initiatives (Article 11 TEU):** The Lisbon Treaty introduced the European Citizens' Initiative (ECI), allowing citizens to directly participate in EU law-making by proposing legislation to the European Commission if they gather a certain number of signatures from EU citizens. This initiative enhances citizen engagement in the EU decision-making process and provides a direct channel for citizens to influence EU policies. **Enhanced Role of National Parliaments**: The Lisbon Treaty enhanced the role of national parliaments in EU affairs by introducing the "yellow card" and "orange card" procedures. Under the yellow card procedure, if one-third of national parliaments object to a draft EU legislative proposal on the grounds of subsidiarity (the principle that decisions should be taken at the most appropriate level, usually the closest to the citizen), the European Commission must review the proposal. The orange card procedure allows national parliaments to formally object to a legislative proposal if they believe it violates the principle of subsidiarity, potentially leading to a reconsideration or withdrawal of the proposal. **Subsidiarity Principle**: The Lisbon Treaty strengthened the principle of subsidiarity by explicitly stating that decisions should be taken as closely as possible to the citizens. It requires EU institutions to justify any proposed action at the EU level by demonstrating that it adds value compared to action at the national, regional, or local level. Additionally, the treaty provides national parliaments with the right to challenge EU legislation if they believe it violates the subsidiarity principle, giving them a mechanism to ensure that decisions are made at the appropriate level.

Answer 32

It embedded the autonomous legal personality of the EU in the TEU and TFEU and clarified that it can have relationships with other international actors. It ended the Union-Community conflict by clarifying that is the only entity that can enter into agreements with other international actors.

Answer 33

Art. 49 and 50 TEU.

Answer 34

The applicant state must be located in Europe. It must adhere to the principles of democracy, rule of law, human rights, and **fundamental freedoms.**

Answer 35

The Charter of Fundamental Rights of the European Union is a legally binding document that outlines the fundamental rights protected within the European Union. It was first proclaimed in December **2000** and became legally binding with the entry into force of the Treaty of Lisbon in December 2009. The Charter consists of **54** articles that cover a wide range of civil, political, economic, and social rights, including the right to life, dignity, freedom, equality, solidarity, and justice. It applies to the EU institutions and bodies, as well as to the member states when they are implementing EU law. The Charter aims to ensure that the rights and freedoms of individuals are respected and protected within the EU's legal framework.

Answer 36

 Human dignity  Freedom and democracy  Human rights  European social model: pluralism, non discrimination, **tolerance, justice, solidarity, equal opportunities**

Answer 37

** Market + strong social model** ** Focus on individual rights**  Non discrimination  Protection of the environment  Peace and international security (obj. in external action)

Answer 38

Article 5 of the Treaty on European Union (TEU) indeed embodies two important principles in functionalism: Principle of defining competences: This principle, outlined in Article 5 para 1 TEU, refers to the delineation of competences within the European Union. It essentially lays down the areas where the EU has authority to act, defining the scope of its powers. Principle of attribution: Article 5 para 2 TEU establishes the principle of attribution, which dictates that the EU is only competent to act within the limits of the competences conferred upon it by the member states through the treaties. In other words, the EU can only exercise powers explicitly granted to it by the member states and cannot go beyond those boundaries without the consent of the member states. This principle ensures that the EU operates within its designated sphere of influence and respects the sovereignty of its member states.

Answer 39

Art. 5 para. 3 and 4 TEU In areas where the EU does not have exclusive competence.

Answer 40

The first directive declared void by the Court of Justice of the European Union (CJEU) was the Data Retention Directive 2006/24/EC, as outlined in your initial description. This directive mandated the retention of certain traffic and location data by providers of electronic communications services. The CJEU declared it invalid in 2014 due to its serious interference with fundamental rights to privacy and personal data protection, as well as its disproportionate nature.

Answer 41

This refers to the requirement for EU institutions to provide clear and transparent justifications for their decisions. This obligation ensures accountability and allows for effective judicial review by the ECJ. When EU institutions make decisions, they must articulate the reasons behind those decisions to demonstrate compliance with EU law and principles.

Answer 42

National parliaments of EU member states also play a role in the EU decision-making process, particularly in the context of the principle of subsidiarity. The Treaty on European Union (TEU) includes provisions for national parliaments to scrutinize proposed EU legislation to determine if it complies with the principle of subsidiarity. If a significant number of national parliaments raise objections to a legislative proposal on subsidiarity grounds, it can trigger a "yellow card" procedure, prompting further consideration by EU institutions.

Answer 43

here are exclusive competences, shared competences, and support competences. Exclusive competences are areas where only the EU can legislate and adopt binding acts, as outlined in Article 3 of the Treaty on the Functioning of the European Union (TFEU). Shared competences are areas where both the EU and its member states can legislate and adopt binding acts, as specified in Article 4 of the TFEU. Support competences are areas where the EU can carry out supporting, coordinating, or complementary actions, but cannot legislate or adopt binding acts independently, as defined in Article 6 of the TFEU Peculiar cases include the Common Foreign and Security Policy (CFSP) and economic policy and employment cooperation

Answer 44

The flexibility clause, also known as the "general clause" or "Article 352 TFEU," allows the European Union to act in areas not explicitly covered by its existing powers in the treaties, provided that the proposed action does not amend the EU treaties themselves.

Answer 45

The flexibility clause enables the EU to take action to achieve its objectives even when there is no specific legal basis in the treaties. It allows the EU to fill gaps in its competences or respond to new challenges as they arise.

Answer 46

The use of the flexibility clause requires unanimity among EU member states in the Council, consent from the European Parliament, and that the proposed action is necessary to achieve one of the EU's objectives set out in the treaties. However, the flexibility clause cannot be used to adopt harmonisation measures where the Treaties exclude harmonisation (Article 352(3) TFEU) or to attain the objectives of the Union's CFSP (Article 352(4) TFEU).

Answer 47

The flexibility clause cannot be used to harmonize national laws or policies, nor can it be applied to matters falling under the Common Foreign and Security Policy (CFSP).

Answer 48

The flexibility clause is the codified doctrine of implied powers (reparations case). The doctrine of implied powers, as established in the Reparations for Injuries Suffered in the Service of the United Nations case before the International Court of Justice (ICJ), refers to the principle that international organizations possess powers that are not explicitly conferred upon them in their constituent documents but are necessary to achieve their mandated objectives. In the Reparations case, the ICJ held that the UN, as an international organization, possesses inherent powers beyond those expressly stated in its Charter. These implied powers are essential for the organization to effectively carry out its functions and fulfill its purposes.

Answer 49

In 2014, the European Court of Justice (ECJ) issued a negative opinion on the draft agreement for the EU's adhesion to the ECHR, citing concerns about its compatibility with EU law and institutional framework.

Answer 50

Art. 13(1) TEU Art. 13(2) is the "self-organisation" of the EU and gives the EU the power to create more institutions.

Answer 51

The G7 is not an international organization. It is an informal meeting for heads of state to coordinate their policies on an international level.

Answer 52

The European Council does not have a legislative function.

Answer 53

Single European Act; Subsequently, the Maastricht Treaty recognized it as the body that defines the general direction of the union.

Answer 54

In informal meeting, starting with the first summit in 1974 in Paris.

Answer 55

He connects the work between the institutions, he reports to the European Parliament and the Council of the European Union.

Answer 56

Consensus, unless otherwise stated by the Treaties. President of the European Council and President of the Commission are excluded from the voting procedures.

Answer 57

Amsterdam Treaty, extended in the Lisbon Treaty

Answer 58

Common Foreign and Security Policy. But also, more general competences: political guidance and coordination to the Union (shared macro-priorities).

Answer 59

Intrinsically political acts. Due to their political nature, the acts of the European Council were generally considered unchallengeable in court. They were seen as expressions of political will rather than legal decisions subject to judicial review.

Answer 60

Representatives at Ministerial level, who are entitled to vote and validly bind their Government, not necessarily Ministers

Answer 61

 Coordination of general **macroeconomic policies** from the MS  International agreements with third States and international organisations

Answer 62

CFSP and fiscal policy.

Answer 63

It's the only body in the EU that can propose union acts.

Answer 64

European commission

Answer 65

Independence Executive nature Collegiality Full-time body

Answer 66

European Commission

Answer 67

Voluntary Ex offico (i.e., five-year period is finished) **Motion of censure** from the EP

Answer 68

It has autonomous decision-making powers in certain exceptional cases, particularly concerning competition policy and enforcement of EU competition rules. In these cases, the Commission can take decisions independently, often following investigations into antitrust behavior or mergers and acquisitions.

Answer 69

Direct Intervention: The Commission can directly intervene in cases where it has binding decision-making power as defined in the Treaties or Regulations. For example, in matters related to competition policy, the Commission has the authority to investigate antitrust behavior and enforce EU competition rules. In such cases, the Commission can take direct action to address violations of EU law, including imposing fines or other corrective measures. Indirect Intervention: In situations where the Commission identifies potential breaches of EU law but does not have direct decision-making authority, it can propose the intervention of the European Court of Justice (ECJ). The Commission can bring infringement proceedings against EU member states that fail to comply with their obligations under EU law. If the Commission believes that a member state has violated EU law, it can initiate legal proceedings before the ECJ. The ECJ then serves as the final arbiter in determining whether EU law has been breached and can issue judgments requiring the member state to comply with EU law.

Answer 70

Under Article 290 of the TFEU, the Commission may be granted delegated legislative power by the European Parliament and the Council of the European Union. Delegated acts are secondary legislative acts through which the Commission is empowered to supplement or amend certain non-essential elements of EU legislative acts. However, such delegation of power must be explicitly allowed by the legislative acts adopted by the Parliament and the Council.

Answer 71

The Commission plays a crucial role in the EU's budgetary process. It is responsible for proposing the EU's annual budget to the European Parliament and the Council, based on priorities set by the EU's long-term budget framework. Once approved, the Commission is responsible for implementing and monitoring the execution of the EU budget, ensuring that funds are spent in accordance with EU policies and objectives.

Answer 72

The European Commission (e.g., in the UN and the Council of Europe).

Answer 73

 The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions.  It shall exercise functions of political control and consultation as laid down in the Treaties.  It shall elect the President of the Commission

Answer 74

Before 1979, members of the European Parliament (MEPs) were not directly elected by citizens of the European Community. Instead, they were appointed by national parliaments from among their members. This meant that MEPs were typically chosen from the ranks of national politicians and were not directly accountable to voters. After 1979, the European Parliament transitioned to a **system of direct general elections**, meaning that MEPs were directly elected by citizens of the European Union. These elections are **held every five years**, and citizens of EU member states have the opportunity to vote for candidates running on party lists. The introduction of direct elections significantly increased the democratic legitimacy and accountability of the European Parliament, as MEPs were now directly chosen by the people they represent.

Answer 75

In 2002, significant changes were made to the electoral system of the European Parliament aimed at **enhancing proportionality and fairness** of representation across EU member states. The revision included a new method of allocating seats to better reflect population sizes and ensure equitable representation, addressing **disparities that had arisen due to demographic shifts** among member countries.

Answer 76

Representation of citizens in the European Parliament shall be **degressively proportional**. This means that larger member states will have more MEPs than smaller ones, but the difference in representation between larger and smaller states will gradually decrease as the overall number of MEPs increases.

Answer 77

Each member state must have at least six members in the European Parliament, ensuring a minimum level of representation for all member states. Additionally, no member state can be allocated more than ninety-six seats in the European Parliament. The total number of members in the European Parliament must be less than 750, excluding the President of the European Parliament.

Answer 78

In the context of the European Parliament, deliberations encompass **discussions and debates** among Members of the European Parliament (MEPs) on legislative proposals, resolutions, reports, and other matters relevant to the functioning and policies of the European Union (EU). These deliberations may occur during plenary sessions, committee meetings, or other parliamentary gatherings. During deliberations, MEPs have the opportunity to **express their opinions, present arguments, raise concerns, and propose amendments** to legislative texts or resolutions. Deliberations often involve the exchange of ideas and perspectives among MEPs representing different political parties, member states, and ideological positions. Deliberations in the EP generally require an absolute majority unless specified otherwise in the EU treaties. An absolute majority means that more than half of the votes cast are in favor of a particular decision. However, specific procedures may vary depending on the nature of the decision being made. A **quorum** is the minimum number of members required to be present for the Parliament to conduct its proceedings and make decisions. The European Parliament's quorum is **typically set at one-third of its total membershi**p. This ensures that decisions are made with a reasonable level of participation from MEPs.

Answer 79

Abstentions, where members choose not to vote on a particular issue, are not counted when calculating the outcome of a vote. This means that only votes in favor or against a proposal are taken into consideration when determining whether it passes or fails.

Answer 80

European Central Bank (ECB): Nature: The ECB is the central bank for the eurozone countries, responsible for monetary policy and maintaining price stability within the euro area. The ECB's primary functions include setting monetary policy, managing the euro currency, conducting foreign exchange operations, and supervising financial institutions within the eurozone. It aims to ensure price stability and support the economic objectives of the EU. European Investment Bank (EIB): The EIB is the EU's long-term lending institution, supporting projects that contribute to the EU's policy objectives, such as economic cohesion, infrastructure development, and environmental sustainability. The EIB provides loans, guarantees, and technical assistance to support investments in various sectors, including transport, energy, education, and innovation. It promotes economic growth and development across EU member states by financing projects of common interest and contributing to the achievement of EU policy goals.

Answer 81

Primary Sources: Treaties and Protocols: The foundational documents of the EU, including the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), as well as any protocols attached to these treaties. These treaties establish the legal framework of the EU, define its objectives, institutions, and competences, and provide the basis for EU law. General Principles: Fundamental legal principles recognized by the EU legal system, such as the principles of supremacy, direct effect, and proportionality. These principles serve as guiding principles for interpreting and applying EU law and are derived from the constitutional traditions common to EU member states. International Agreements: Agreements concluded between the EU and third countries or international organizations. These agreements are binding upon the EU and its member states and contribute to the development of EU law in areas of shared competence. Secondary Sources: Article 288 TFEU: Article 288 of the Treaty on the Functioning of the European Union (TFEU) outlines the forms that EU law may take, including regulations, directives, decisions, recommendations, and opinions. These acts are adopted by the EU institutions to implement the provisions of the treaties or to achieve specific policy objectives. While they are not primary sources like treaties, they have legal force and are binding upon EU member states. Soft Law: Instruments that do not have legally binding force but nevertheless influence the behavior of EU institutions and member states. Examples include resolutions, declarations, guidelines, and non-binding recommendations issued by EU institutions. Tertiary Sources: Case Law of the ECJ: Decisions and judgments rendered by the European Court of Justice (ECJ), the highest judicial authority of the EU. The ECJ interprets EU law, resolves disputes between EU institutions and member states, and ensures the uniform application and development of EU law across the EU. National Law: Laws, regulations, and judgments of national courts that apply and enforce EU law within the legal systems of EU member states. National courts play a crucial role in implementing and applying EU law in practice, and their decisions contribute to the development of EU legal principles and doctrines.

Answer 82

**Transposition of Directives:** Directives issued by the EU require member states to achieve specific outcomes within their domestic legal systems. National legislatures are responsible for transposing these directives into national law, ensuring that the requirements and objectives set out in the directive are implemented effectively at the national level. This process is crucial for harmonizing laws across EU member states and ensuring consistency with EU law. **Compatibility and Coexistence with EU Legal Framework:** National legislatures play a crucial role in ensuring that new national laws are compatible with the EU legal framework. Before enacting new legislation, national legislators must assess whether the proposed laws comply with EU law and do not conflict with EU treaties, regulations, or directives. This ensures that national laws coexist harmoniously with the broader EU legal framework and contribute to the uniform application of EU law across member states. **Furtherance of EU Goals:** National law can also serve as a tool for advancing EU goals and objectives. When national legislatures enact laws or adopt measures, they often consider EU law and policies to ensure alignment with broader EU objectives. This may involve proactively implementing EU initiatives, promoting the internal market, protecting fundamental rights, or addressing common challenges such as environmental protection or consumer safety. National legislators may collaborate with EU institutions, such as the European Commission, to ensure that national laws contribute to the overall objectives of the EU.

Answer 83

The ordinary revision procedure involves a comprehensive and formal process for amending the EU treaties. It requires a unanimous decision by the European Council, following a proposal by the European Commission or a request from a member state. The European Parliament and national parliaments may also be involved in the process, depending on the nature of the proposed amendments. Once agreed upon, the amendments must be ratified by each member state in accordance with their respective constitutional procedures.

Answer 84

The "Cassis de Dijon" case is a landmark decision of the European Court of Justice (ECJ) that established the principle of mutual recognition within the European Union's single market. Here's a simplified explanation: In the 1979 case involving the sale of Cassis de Dijon, a French liquor, in Germany, the ECJ ruled that member states couldn't impose restrictions on products from other member states that were lawfully manufactured and sold in their home country, unless those restrictions were justified by a legitimate public interest. One of the key principles established in the Cassis de Dijon case was that not only tariffs (taxes on imports), but also other measures that have a similar effect to tariffs, are generally prohibited within the EU's single market. This means that member states can't use regulations, standards, or other non-tariff barriers to prevent products lawfully made and sold in one EU country from being sold in another EU country. The Cassis de Dijon ruling played a significant role in promoting the free movement of goods within the EU, helping to create a more unified and competitive single market. It also set a precedent for the ECJ's approach to ensuring that national regulations don't create unnecessary barriers to trade within the EU.

Answer 85

Legal Certainty: This principle ensures that laws and legal procedures are clear, predictable, and consistent. It promotes stability and confidence in the legal system, allowing individuals and businesses to understand their rights and obligations. Legitimate Expectations: Legitimate expectations refer to the justified expectations of individuals and businesses regarding the application of EU law. This principle ensures that individuals can rely on the consistent application of legal rules and decisions by EU institutions, protecting their legitimate interests. Proportionality: Proportionality requires that EU measures are necessary and appropriate to achieve their intended objectives, without imposing undue burdens or restrictions on individuals or businesses. It ensures that EU actions are proportionate to the goals they seek to achieve. Effet Utile: Effet utile, or effectiveness, ensures that EU law is interpreted and applied in a manner that achieves its intended purpose and objectives. It requires EU institutions and member states to give full effect to EU laws and principles, avoiding interpretations that would undermine their effectiveness. Fair Cooperation: Fair cooperation emphasizes the need for cooperation and mutual respect among EU institutions and member states. It promotes dialogue, transparency, and collaboration in the development and implementation of EU policies and decisions. Equality of Individuals and Non-Discrimination: This principle prohibits discrimination based on factors such as nationality, gender, race, or religion. It ensures that all individuals are treated equally under EU law and have access to the same rights and opportunities, regardless of their personal characteristics.

Answer 86

No provision similar to art. 38 of the Statute of the ICJ.

Answer 87

International agreements ECJ: international customary law is part of EU law (expressly recognized by the court)

Answer 88

Early Stages: In the early years of the EU, the European Parliament (EP) had only consultative powers, meaning it could offer opinions on proposed legislation but did not have the authority to directly amend or adopt laws. Single European Act: The Single European Act, adopted in 1986, introduced greater cooperation among EU institutions and expanded the role of the EP slightly by **introducing the Parliamentary assent for certain types of international agreements.** However, the EP's legislative powers remained limited. Maastricht to Nice: The period from the Maastricht Treaty (1992) to the Nice Treaty (2001) saw significant developments in the EU's legislative procedures. The codecision procedure, which involved both the EP and the Council of the European Union (representing member states), was designed to give the EP a more substantial role in the legislative process. Around 60% of EU acts were adopted through this codecision procedure during this period, increasing the influence of the EP. Lisbon Treaty: The Lisbon Treaty, which entered into force in 2009, marked a significant milestone in the evolution of the EU's legislative function. The codecision mechanism was renamed the "ordinary legislative procedure," and it became the default rule for the enactment of EU secondary legislation. Under this procedure, the EP and the Council of the EU have equal legislative powers, and around 90% of EU acts are adopted through this process.

Answer 89

Commission's Proposal (Legislative Initiative): The legislative process typically begins with a proposal from the European Commission, the executive branch of the EU. The Commission has the sole authority to initiate legislation, although the EP and the Council may also propose legislation in certain cases. Initiative of the Initiative: Both the EP and the Council have the power to initiate legislation independently of the Commission, although this is less common. This "initiative of the initiative" allows both institutions to introduce legislation in areas of particular interest or concern. Citizens' Initiative: The Lisbon Treaty introduced the citizens' initiative, which allows EU citizens to propose legislation directly to the European Commission if they gather one million signatures from at least seven of the 28 EU countries. This mechanism gives citizens a more direct role in shaping EU policies and laws. Member State Involvement: In certain cases, a few member states may also propose legislation directly on specific subject matters listed in the EU treaties. This allows member states to contribute to the legislative process on issues of particular national importance.

Answer 90

Commission's Proposal: The legislative process begins with a proposal from the European Commission, the executive branch of the EU. The Commission puts forward a draft law or regulation, outlining its objectives and provisions. Parliament's Position: The proposal is then sent to the European Parliament (EP) for consideration. The EP reviews the Commission's proposal and may propose amendments or modifications to it. After internal discussions and debates, the EP adopts its position on the proposal. Council's Response: Once the EP has adopted its position, the proposal, along with any amendments proposed by the EP, is forwarded to the Council of the European Union, which represents member states. The Council reviews the EP's position and may choose to approve it as it stands, reject it, or propose further amendments. Approval or Amendments: In the first reading, the Council has the option to approve the EP's position without further changes. Alternatively, it may propose amendments to the EP's position, in which case the proposal goes back to the EP for a second reading. If the Council amends the EP's position, it must inform the EP of the reasons for its amendments.

Answer 91

Return to Parliament with Commission Opinion: After receiving the Council's response to its position in the first reading, the proposal is sent back to the European Parliament (EP) for the second reading. Along with the proposal, the EP also receives the **Commission's opinion on any amendments proposed by the Council.** Further Amendments by Parliament: During the second reading, the EP has the opportunity to adopt or propose further amendments to the proposal through a simple majority voting process. These amendments are then forwarded to the Commission for its opinion. Council's Consideration of Amendments: Once the EP has adopted its amendments, the proposal, along with any amendments proposed by the EP and the Commission's opinion on those amendments, is sent back to the Council. The Council reviews the EP's amendments and **must vote unanimously** on any amendments that received a negative opinion from the **Commission**. Conciliation Committee: If the Council has not approved all the EP's amendments within **three months** of receiving them, a **Conciliation Committee** is convened. This committee consists of equal numbers of representatives from the Council and the EP, and it is tasked with reaching a compromise on the proposed legislation within six weeks.

Answer 92

This power was introduced in the Treaty of Lisbon 2009. The subsidiarity check in the European Union ensures that legislative decisions are made at the appropriate governance level, whether at the EU or national level. When the European Commission proposes legislation, national parliaments have around eight weeks to review and assess if the proposal respects the principle of subsidiarity. Each parliament can provide an opinion on the legislation; if at least one-third of the total votes from national parliaments object to the proposal, the Commission may re-evaluate it. If objections from national parliaments reach at least half of the total votes, a modified legislative procedure can be initiated, allowing for further negotiation and scrutiny within EU institutions to address concerns raised.

Answer 93

Application and enforcement of the Treaties

Answer 94

Secondary legislation cannot limit or modify the scope of the relevant Treaty provision.

Answer 95

Regulations Directives Decisions Recommendations Opinions

Answer 96

Legislative Acts: Article 289 TFEU defines legislative acts as those adopted pursuant to the ordinary legislative procedure. These include regulations and directives, which are binding legal instruments that have direct effects on member states and their citizens. Regulations are laws that apply uniformly across the EU, while directives set out goals for member states to achieve through their own national laws. Non-Legislative Acts: Non-legislative acts, as specified in Article 289, encompass a broader range of legal instruments. These include acts adopted pursuant to specific provisions of the EU treaties, as well as what are commonly referred to as "tertiary sources" of EU law. Tertiary sources include enforcement acts and delegated acts, which are secondary legal instruments used to supplement and implement EU legislation. Acts adopted pursuant to specific Treaty provisions refer to legal instruments that are authorized by a particular provision within the EU treaties. These may include decisions, recommendations, opinions, and other types of administrative or policy documents. Enforcement acts and delegated acts are forms of secondary legislation that are adopted by the European Commission to fill in the details or provide specific rules necessary for the implementation of EU legislation. Enforcement acts ensure compliance with EU law, while delegated acts grant the Commission authority to supplement or amend non-essential elements of legislative acts.

Answer 97

These are enforcement acts (non-legislative acts).

Answer 98

The theory of implicit powers, also known as implied powers or necessary and proper clause, suggests that EU institutions may exercise powers that are not explicitly granted to them in the EU treaties but are necessary to fulfill their mandated functions effectively. This is codified in the flexibility clause (art. 352 TFEU).

Answer 99

Motivation  art. 296, para 2, TFEU: “Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Treaties.”  Proportionality and subsidiarity (art. 5, Protocol) Legal basis  Competence (institution + Union)  Adoption procedure  Correct identification of the relevant act

Answer 100

Only annulment.

Answer 101

Article 288(3) TFEU Directives are binding "**as to the result to be achieved**" upon each member state to which they are addressed. Member states that directives "shall leave to the national authorities the **choice of form and methods**."

Answer 102

Two solutions to address non-conforming measures, particularly tariff-like obstacles, in international trade include the **mutual recognition principle** and **harmonization of national legislation**.

Answer 103

Harmonization directives are the prime instruments the EU uses to make the national legislation converge towards a certain pattern.

Answer 104

Monism: In a monist legal system, international law and national law are considered to be part of a single, unified legal order. Under monism, international law is automatically incorporated into the domestic legal system without the need for specific implementation measures. In theory, monism suggests that international treaties and agreements are directly applicable and enforceable within the domestic legal framework. This means that international norms and obligations can be invoked and enforced by domestic courts without requiring separate domestic legislation. However, in practice, no state follows a true monist approach. While some states may have provisions in their constitutions or legal frameworks that recognize the primacy of international law, domestic legal systems often require some level of domestic implementation or interpretation of international norms. Dualism: In contrast, a dualist legal system maintains a clear distinction between international law and national law, treating them as separate and distinct legal systems. Under dualism, international treaties and agreements are not automatically incorporated into domestic law and require specific domestic implementation through legislation or other means. In dualist systems, international law exists alongside national law as a separate body of legal norms and principles. International treaties or agreements must be transposed into domestic law through the enactment of legislation or other legal mechanisms before they can be applied and enforced within the domestic legal system. Dualism acknowledges the autonomy of both international and national legal systems and recognizes that international obligations do not automatically bind domestic actors or courts unless they are explicitly incorporated into domestic law.

Answer 105

Self-executive directives, also known as directly effective directives, are a type of directive issued by the European Union (EU) that is designed to have immediate legal effect in member states without the need for national implementation measures. The EU has adopted a practice of issuing self-executing directives since the 1990s, which resemble regulations in their effect. This practice has been established over time but remains somewhat controversial.

Answer 106

Regulations in the EU have **broad scope and uniform applicability** across member states, establishing general rules and standards. They are **legally binding,** imposing obligations on individuals, businesses, and member states. Regulations are **directly applicable** upon entry into force, requiring no national implementing measures to become enforceable.

Answer 107

Directives: Framework laws Regulations: Laws

Answer 108

Legislative acts adopted under the ordinary legislative procedure shall be signed by the President of the European Parliament and by the President of the Council. Legislative acts adopted under a special legislative procedure shall be signed by the President of the institution which adopted them.

Answer 109

Legislative acts shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication.

Answer 110

Decisions target persons and is only binding to them.

Answer 111

Competition law, state aid

Answer 112

General decisions are legal acts that apply broadly across the EU and affect multiple parties or situations. Unlike directives, which are addressed to member states and require transposition into national law, general decisions have immediate effect and do not require implementation at the national level. Like other EU legal acts, general decisions are published in the Official Journal of the European Union (OJEU). This publication serves to provide notice to member states and stakeholders of the legal obligations and requirements imposed by the decision. An example of a general decision is Decision 1298/2008/EC, which established the Erasmus Programme. This decision set out the objectives, rules, and funding arrangements for the Erasmus Programme, which promotes student mobility and cooperation in higher education across the EU. They were introduced in the Treaty of Lisbon.

Answer 113

Soft law instruments, such as guidelines, recommendations, and declarations, are generally not directly justiciable before the ECJ because they lack legally binding force. However, there are exceptions where soft law can become justiciable: If soft law creates specific legal obligations for EU institutions, member states, or individuals, it may be justiciable before the ECJ. This can occur when soft law is **closely linked to legally binding provisions or when it creates legitimate expectations**. Soft law that is **sufficiently precise, clear, and unconditional** may be justiciable if it creates legitimate expectations for individuals or entities. Legitimate expectations arise when parties reasonably rely on soft law to guide their actions or decisions, and the ECJ may protect these expectations in certain circumstances.

Answer 114

The concept of "hardening soft law" refers to situations where soft law acquires a degree of legal force or becomes more binding over time. This can occur through various mechanisms, such as consistent application by EU institutions, incorporation into national legislation, or recognition by the ECJ in its case law. When soft law becomes sufficiently precise, clear, and consistently applied, it may effectively function as de facto law and be treated as legally binding in practice, even if not formally recognized as such.

Answer 115

Direct Applicability: This concept pertains to the immediate application of EU laws within member states without the need for further national legislation. EU treaties and regulations are directly applicable, meaning they automatically become law in all member states upon adoption. Directives, however, are not directly applicable and require implementation through national legislation. Direct Effect: Direct effect concerns the ability of individuals to invoke EU laws before national courts. It has two dimensions: Vertical Direct Effect: This allows individuals to use EU law against their own government or state authorities. In other words, individuals can rely on EU law to challenge actions or laws of their national government that violate EU legal provisions. Horizontal Direct Effect: This permits individuals to use EU law against other individuals or private entities. It means that individuals can rely on EU law to assert rights or seek remedies against private parties in national courts.

Answer 116

None. In its judgment, the Court of Justice of the European Union (the Court) enshrines the direct effect of European Union (EU) law. The Court established the principle of direct effect in the **Van Gend en Loos** judgment. However, it laid down the **condition** that the obligations must be **precise, clear and unconditional** and that they **must not call for additional measures**, either national or European.

Answer 117

Vertical direct effect is of consequence in relations between individuals and the country. This means that individuals can invoke a provision of EU law in relation to the state. Horizontal direct effect is of consequence in relations between individuals. This means that an individual can invoke a provision of EU law in relation to another individual. According to the type of act concerned, the Court has accepted either a full direct effect (i.e. a horizontal direct effect and a vertical direct effect) or a partial direct effect (confined to a vertical direct effect).

Answer 118

The judgment states that EU law not only engenders obligations for EU Member States, but **also rights for individuals**. Individuals may therefore take advantage of these rights and directly invoke EU law before national and European courts, independently of whether the national law test exists (that is, where there is no judicial remedy under national law).

Answer 119

As far as primary law is concerned, the Court established the principle of direct effect in the Van Gend en Loos judgment. However, it laid down the condition that the obligations must be **precise, clear and unconditional** and that **they must not call for additional measures**, either national or European. In the Becker judgment, the Court rejected **direct effect** where the countries have a **margin of discretion**, however minimal, regarding the implementation of the provision in question.

Answer 120

**Regulations** are directly applicable in the Member States, as specified in Article 288 of the Treaty on the Functioning of the European Union , and have therefore direct effect. However, in line with the general principles, this applies only under the condition that the rules are sufficiently clear, precise and relevant to the situation of the individual litigant. **Directives** are acts addressed to Member States which must be transposed into national law. However, in certain cases, the Court recognises the direct effect of directives in order to protect the rights of individuals. Therefore, the Court laid down in its **Van Duyn v Home Office** judgment that a directive has direct effect when its provisions are unconditional and sufficiently clear and precise and when the Member State has not transposed the directive by the deadline. However, it can only have **direct vertical effect** – Member States are obliged to implement directives but directives may not be cited by a Member State against an individual (see **Ratti** judgment).

Answer 121

**Decisions** may have direct effect when they refer to a Member State as the addressee. The Court therefore recognises only a direct vertical effect (**Hansa Fleisch** v Landrat des Kreises Schleswig-Flensburg judgment). **International agreements**. In its **Demirel** v Stadt Schwäbisch Gmünd judgment, the Court recognised the direct effect of certain agreements in accordance with the same criteria identified in the Van Gend en Loos case. **Opinions and recommendations** do not have legal binding force. Consequently, they do not have direct effect.

Answer 122

Costa v ENEL case of 1964

Answer 123

In the Flaminio Costa v ENEL case of 1964, Flaminio Costa, a Milanese lawyer and shareholder of a nationalized electricity company in Italy, refused to pay his electricity bill from ENEL, the state-owned electricity monopolist. He argued that ENEL had not validly taken over his supply contract and that the nationalization law violated both the Italian Constitution and the Treaty of Rome. Costa's case was referred to the Italian Constitutional Court and, for the first time, to the European Court of Justice (ECJ). The Italian Constitutional Court ruled that the nationalization law could prevail over the Treaty of Rome because the nationalization law was enacted after the Treaty of Rome, leading to a conflict between Italian and EU law. The ECJ dismissed arguments that it could not rule on the consistency between Italian law and EU law. It emphasized that EU law, as an independent source of law, could not be overridden by domestic legal provisions without undermining the legal basis of the EU itself (=primacy of EU law). However, the **ECJ found that the provisions of the Treaty of Rome on competition and state aids did not have direct effect, meaning they could not be invoked by individuals in national courts.** It left it to the referring court to determine whether the nationalization law was consistent with EU law. This case established the principle of the primacy of EU law over national laws and affirmed the independent nature of EU law. It also clarified the limits of direct effect, but upheld the overarching authority of EU law within member states.

Answer 124

Defrenne v Sabena (1976) was a landmark case in EU law, dealing with gender discrimination in employment. Gabrielle Defrenne, a flight attendant for Sabena, challenged Belgian laws that forced female flight attendants to retire at 40, while male counterparts could continue working. She argued this violated her right to equal treatment under EU law. The European Court of Justice (ECJ) ruled that Article 119 of the Treaty of the European Community (now Article 157 of the Treaty on the Functioning of the European Union) had horizontal direct effect. This meant it could be enforced not just against governments but also between private parties, such as employers and employees. The ECJ emphasized that the principle of equal pay for equal work or work of equal value was essential for social progress and improving living and working conditions. The case highlighted the EU's commitment to combating discrimination and promoting social justice. Defrenne v Sabena (No 2) established the principle that EU treaty provisions could be invoked in national courts, ensuring individual rights were protected and paving the way for further advancements in EU anti-discrimination law.

Answer 125

In cases of wrong or untimely transposition of directives by member states, individuals can still rely on the directive before national courts if it meets certain criteria. According to Article 288 of the Treaty on the Functioning of the European Union (TFEU), directives do not have direct application in national law. However, the European Court of Justice has established that directives can have indirect effect in certain circumstances. In the case of Van Gert en Loos (1962), the Court held that if an EU directive is **clear, precise, and unconditional,** and if the member state **fails to implement it within the specified period**, individuals can rely on the directive before national courts to challenge any national provision that is incompatible with the directive [i.e., there is direct effect even without implementing legislation].

Answer 126

Self-executing directives are those that do not require any further action by member states to become effective in national law. These directives are clear, precise, and unconditional enough to be directly applicable without the need for implementing measures.

Answer 127

Unlike Treaty provisions and regulations, directives cannot have horizontal effect (against another private individual or company), as this is adjudged contrary to the principles of legality and legal certainty (see Marshall 1986). This can only be used against emanations of the state (Foster 1990).

Answer 128

When a directive has not yet expired but there is an interpretation of international law that aligns with EU law, national courts have a duty to **interpret domestic law in a manner consistent with the directive**. This means that even though the directive itself may not have direct effect, national courts can still apply its provisions by interpreting domestic law in a way that conforms to the objectives and principles of the directive. This remedy helps address the lack of direct effect of the directive and ensures that individuals can rely on EU law to protect their rights, even in the absence of direct applicability. Importantly, this principle typically applies in cases of vertical direct effect, meaning individuals can invoke EU law against their own government in national courts.

Answer 129

In the case of Francovich v Italy (1991) C-6/90, the European Court of Justice established the principle of state liability in European Union law. This principle holds that EU Member States can be held liable to pay compensation to individuals who suffer a loss due to the state's failure to transpose an EU directive into national law. The case involved workers who had suffered financial losses because their employers went bankrupt and failed to provide the minimum level of insurance required by the **Insolvency Protection Directive**. Despite the directive being in place since 1983, the Italian state had not implemented it, resulting in the workers' financial hardship. The European Court of Justice ruled that the Italian government had breached its obligations under EU law and was therefore liable to compensate the workers for their losses. The court emphasized that EU law forms part of the legal systems of Member States and confers rights on individuals that must be protected by national courts. The **principle of state liability** ensures that individuals can seek redress when their rights under EU law are infringed due to a Member State's failure to fulfill its obligations.

Answer 130

The case of Francovich v Italy (1991) is related to the judgments in Case 26/62 Van Gend en Loos [1963] ECR 1 and Case 6/64 Costa v ENEL [1964] ECR 585 because it builds upon the principles established in these landmark cases. In Van Gend en Loos, the European Court of Justice established the principle of direct effect, which allows individuals to rely on certain provisions of EU law before national courts. This principle ensures that EU law has legal force and can be invoked by individuals in their domestic legal systems. The Francovich case further develops this principle by addressing the issue of state liability for failing to implement EU directives, thereby providing a mechanism for individuals to seek redress when their rights under EU law are infringed due to a Member State's non-compliance. Similarly, in Costa v ENEL, the European Court of Justice affirmed the primacy of EU law over national law and held that Member States are bound by the obligations of the Treaties. The Francovich case reinforces this principle by holding Member States accountable for breaches of EU law and ensuring that individuals can seek compensation for losses resulting from such breaches.

Answer 131

Legal certainty: There will be no difference between regulations and directives if horizontal direct effect also applies to directives. Non-retroactivity: Exceptions possible with regulations, but not directives. No obligations on individuals: We have this with regulations.

Answer 132

In Marshall v Southampton and South West Hampshire Area Health Authority (1986), Helen Marshall, a senior dietitian, claimed that her dismissal based on reaching the retirement age violated the Equal Treatment Directive 1976. The case raised questions about the conflict between national law and EU law. Marshall was dismissed at the age of 62, even though she expressed willingness to continue working until 65. The dismissal was solely because she had reached the retirement age, which differed for men and women according to the employer's policy. Marshall argued that this constituted discrimination based on sex, as per the Equal Treatment Directive. The case went through several levels of the UK legal system, ultimately reaching the European Court of Justice (ECJ). The ECJ ruled that the dismissal based on gender-specific retirement ages did indeed constitute discrimination under the directive. However, regarding the second question of whether Marshall could rely on the directive in national courts, the ECJ held that **directives could be invoked by individuals against state actors but not private entities**. This established the principle of no horizontal direct effect for directives, meaning they couldn't create obligations for private parties. The significance of the case lies in its confirmation of the limitations of directives in creating obligations for private parties and the distinction between directives and regulations in their legal effects. While the case affirmed no horizontal direct effect for directives, it left open the possibility of a state actor being held accountable for breaching a directive, depending on their status in relation to the state. This decision has been seen as a crucial interpretation of EU law regarding the application of directives and their effects on private entities versus state actors.

Answer 133

In Mangold v Helm (2005), the European Court of Justice (ECJ) ruled that national courts must set aside any conflicting national laws that violate the **general principle of equal treatment,** even before the deadline for implementing relevant EU directives expires. This decision underscored the ECJ's commitment to ensuring compliance with EU principles, such as non-discrimination based on age, regardless of whether specific directives had been transposed into national law. This is a continuation of the **Simmenthal case (1978)** with principle of disapplication.

Answer 134

Since the Maastricht Treaty.

Answer 135

This only works if the counterparty is the state (e.g., employment contracts). Public sector employers are known as ‘emanations of the state’, defined by the European Court of Justice (ECJ) in **Foster**, A. and others v. British Gas plc, Case C-188/89, [1990].

Answer 136

Indirect effect, often referred to by its Latin term "effet utile," is a legal doctrine used in European Union law to ensure that national laws are interpreted and applied in a manner consistent with EU law, even in the absence of explicit EU law provisions. This doctrine allows national courts to interpret domestic legislation in line with the objectives and principles of EU law to achieve the effective application of EU law within member states. Two landmark cases in the development of the doctrine of indirect effect in EU law are **Von Colson** v Land Nordrhein-Westfalen (1984) and **Marleasing SA** v La Comercial Internacional de Alimentación SA (1990).

Answer 137

The Simmenthal SpA v Amministrazione delle Finanze case of 1978 is pivotal in EU law for establishing the **principle of "disapplication."** The case arose when Simmenthal SpA imported beef into Italy from France, encountering an Italian public health inspection fee conflicting with earlier EU regulations. Italian courts argued that their national law, enacted post-EU regulations, should prevail until declared unconstitutional. Referred to the ECJ, the case invoked the doctrines of direct effect from **Van Gend en Loos** and legal supremacy from **Costa v ENEL.** The ECJ affirmed that EU law supersedes conflicting national laws upon its enactment, obligating national courts to "set aside" incompatible provisions without awaiting legislative action, thereby empowering them with judicial review. This "disapplication" principle extended the authority of national courts to protect EU rights independently, reshaping legal norms across member states and challenging parliamentary sovereignty in jurisdictions like Great Britain and the Netherlands.

Answer 138

State liability in the context of the European Union refers to the principle that member states can be held legally accountable for breaches of EU law. This principle is essential for ensuring the effectiveness and enforceability of EU law within the legal systems of member states. State liability arises when a member state fails to fulfill its obligations under EU law, leading to harm or loss for individuals or entities. Such breaches can occur due to actions or omissions by any branch of the state, including the legislative, executive, or judicial branches. One key aspect of state liability is that it treats the state as a "black box." This means that regardless of which branch of the state—whether it's the executive, legislative, or judicial—is responsible for the breach, the state as a whole is held accountable. This principle ensures that member states are incentivized to comply with EU law across all branches of government.

Answer 139

Van Gend en Loos, a postal and transportation company, imported urea formaldehyde from West Germany to the Netherlands. The authorities charged them a tariff on the import. Van Gend en Loos objected, stating that it was a clear violation of Article 12 of the Treaty of Rome (now replaced by Article 30 TFEU. Van Gend en Loos paid the tariff but then sought to retrieve the money in the national court (Tariefcommissie). The Tariefcommissie made a request for a preliminary ruling to the European Court of Justice, asking whether the then Article 12 of the Treaty of Rome conferred rights on the nationals of a member state that could be enforced in national courts.

EU Law - Slides Flashcards

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