everything Flashcards
(156 cards)
1
Q
What is an Action for Annulment?
A
A legal process where an EU act can be challenged for its legality before the Court of Justice of the European Union (CJEU).
2
Q
Who are Privileged Applicants?
A
Entities like Member States, European Parliament, Council, and Commission who have automatic standing to bring annulment actions without proving individual concern.
3
Q
Who are Non-Privileged Applicants?
A
Individuals or companies that must prove they are directly and individually concerned by the EU act to bring an annulment action.
4
Q
What is the Plaumann Doctrine?
A
Establishes that an individual is individually concerned only if they are part of a closed group affected by an EU act.
5
Q
What is Direct Concern?
A
When an EU act directly affects an individual’s legal position without needing further implementation measures.
6
Q
What is a Regulatory Act?
A
A non-legislative act of general application which does not require implementing measures.
7
Q
What does Article 263 TFEU provide?
A
It provides for actions for annulment to challenge EU legal acts.
8
Q
What is a Preliminary Reference?
A
A national court asks the CJEU to interpret EU law or decide on the validity of EU acts during ongoing national litigation.
9
Q
What is Direct Effect?
A
Allows individuals to directly rely on EU law provisions before national courts if the provisions are clear, precise, and unconditional.
10
Q
What is Indirect Effect?
A
National courts must interpret domestic law in line with EU law where possible.
11
Q
What is the Francovich Doctrine?
A
Establishes state liability for failing to transpose or implement an EU directive, provided the directive grants individual rights and the breach caused harm.
12
Q
What is State Liability?
A
The obligation of a Member State to compensate for damages caused by breaches of EU law.
13
Q
What is Subsidiarity?
A
EU acts only when objectives cannot be achieved effectively by Member States acting alone.
14
Q
What is Proportionality?
A
EU measures must not exceed what is necessary to achieve their aims.
15
Q
What is Exclusive Competence?
A
Areas where only the EU can legislate and adopt binding acts, such as trade or monetary policy.
16
Q
What is Shared Competence?
A
Areas where both the EU and Member States can legislate, but EU law takes precedence.
17
Q
What are Directly Effective Provisions?
A
EU law provisions that individuals can invoke before courts without requiring national implementation.
18
Q
What is an Infringement Procedure?
A
The European Commission initiates proceedings against a Member State for failing to comply with EU law (Article 258 TFEU).
19
Q
What is the Charter of Fundamental Rights?
A
A binding document setting out fundamental rights protected under EU law.
20
Q
What are the CILFIT Criteria?
A
Guidelines for national courts of last instance on when to refer questions to the CJEU.
21
Q
What is Conferral?
A
The EU can only act within the limits of the competences conferred upon it by the Member States through the Treaties.
22
Q
What is Subsidiarity?
A
The EU acts only when objectives cannot be sufficiently achieved by Member States alone.
23
Q
What is Proportionality?
A
EU measures must not go beyond what is necessary to achieve their objectives.
24
Q
What is Direct Effect?
A
Certain provisions of EU law can be directly invoked by individuals before national courts.
25
What is Supremacy of EU Law?
EU law overrides conflicting national laws.
26
What is Legal Certainty?
EU laws must be clear and predictable to ensure fairness.
27
What is Equality of Member States?
All Member States are equal under the EU legal framework, and none have superior authority.
28
What are Legitimate Expectations?
Individuals and businesses can rely on consistent application of EU law.
29
What is Action for Annulment (Article 263 TFEU)?
A procedure to challenge the legality of an EU act before the CJEU.
30
Who can bring an Action for Annulment?
Privileged Applicants: Member States, Parliament, Council, and Commission. Semi-Privileged Applicants: Certain EU bodies (e.g., ECB). Non-Privileged Applicants: Individuals and companies, if directly and individually concerned or targeting a regulatory act without implementing measures.
31
What is the time limit for Action for Annulment?
Two months from publication or notification of the act.
32
What is Action for Failure to Act (Article 265 TFEU)?
Allows Member States or institutions to challenge an EU institution's failure to act when required by the Treaties.
33
Who can bring an Action for Failure to Act?
Member States and EU institutions. Individuals, if failure directly affects them.
34
What are the preconditions for Action for Failure to Act?
The applicant must formally call on the institution to act before initiating proceedings.
35
What is the Infringement Procedure (Articles 258–260 TFEU)?
Allows the Commission to hold Member States accountable for failing to comply with EU law.
36
What are the stages of the Infringement Procedure?
Informal Pre-litigation Stage. Formal Notice. Reasoned Opinion. Referral to the CJEU.
37
What are possible sanctions in the Infringement Procedure?
Financial penalties for non-compliance, as per Article 260 TFEU.
38
What is the Preliminary Ruling Procedure (Article 267 TFEU)?
National courts refer questions to the CJEU to interpret EU law or assess validity.
39
What are the obligations for referral in the Preliminary Ruling Procedure?
Courts of last instance must refer questions unless CILFIT criteria apply. Other courts may refer questions if necessary for their judgment.
40
What is Action for Damages (Articles 268 and 340 TFEU)?
Individuals or entities can claim compensation for damage caused by EU institutions or their agents.
41
What are the conditions for success in Action for Damages?
Illegal conduct. Direct causal link between the conduct and damage. Actual damage suffered.
42
What are Privileged Applicants?
Entities that do not need to prove standing to challenge EU acts (e.g., Member States, EU institutions).
43
What are Non-Privileged Applicants?
Individuals or companies that must show direct and individual concern.
44
What is the Plaumann Test?
Individuals are individually concerned only if they belong to a closed or identifiable group.
45
What are Regulatory Acts?
Non-legislative acts of general application not requiring implementing measures.
46
What are the CJEU Principles?
CILFIT Criteria: Exceptions for courts of last instance to avoid referring questions to the CJEU. These include when the answer is irrelevant, already established, or obvious (acte clair).
47
What is the Effectiveness of EU Law?
EU law must be enforced effectively in all Member States.
48
What is the Autonomy of EU Law?
EU law operates independently from national legal systems.
49
What is the Foto-Frost Principle?
Only the CJEU can declare an EU act invalid.
50
What is Transposition?
The process by which Member States implement EU directives into national law.
51
What is Gold-Plating?
When Member States exceed the requirements of EU directives during transposition.
52
What is Direct Applicability?
Regulations automatically become binding in all Member States without national implementation.
53
What is Indirect Effect?
National courts must interpret domestic law in line with EU directives where possible.
54
What is Harmonization?
Aligning laws across Member States to ensure consistency in the internal market.
55
What is Exclusive Competence?
Areas where only the EU can legislate, such as customs union and monetary policy.
56
What is Shared Competence?
Areas where both the EU and Member States can legislate, such as the environment.
57
What is Supporting Competence?
The EU can only support or coordinate actions by Member States, such as in health or education.
58
What is Competence Creep?
The gradual expansion of EU competences beyond those explicitly conferred by the Treaties.
59
What are Interim Measures?
Temporary orders from the CJEU to prevent harm while a case is pending.
60
What are Financial Penalties?
Fines imposed on Member States for failing to comply with EU law or CJEU judgments.
61
What is a Reasoned Opinion?
Formal step in infringement proceedings where the Commission outlines a Member State's breach of EU law.
62
What is the Pre-Litigation Stage?
The Commission engages with Member States to resolve compliance issues before taking legal action.
63
What is Loyal Cooperation?
Member States must actively assist the EU in fulfilling its objectives.
64
What is Acte Clair?
When the meaning of EU law is so clear that no referral to the CJEU is necessary.
65
What is Legal Basis?
The Treaty article that provides authority for EU action.
66
What is Implementation Deficit?
When Member States fail to fully or properly implement EU law.
67
What is Administrative Cooperation?
Collaboration between Member States and EU institutions to ensure smooth application of EU law.
68
What is Institutional Balance?
EU institutions must respect each other’s roles and competences as defined in the Treaties.
69
What is Mutual Recognition?
Products or services lawfully produced or provided in one Member State must generally be accepted in others.
70
What is Horizontal Effect?
Some EU law provisions can be enforced between private parties in national courts.
71
What is Vertical Effect?
EU law provisions can be enforced against the state or public authorities.
72
What is the Market Access Principle?
National measures must not hinder access to the EU market.
73
What is National Procedural Autonomy?
Member States are free to set procedural rules for enforcing EU law as long as they comply with the principles of equivalence and effectiveness.
74
What is the Principle of Autonomy?
EU law operates as an independent legal order, distinct from international law or national law.
75
What is Equivalence?
National rules for enforcing EU law must not be less favorable than those for domestic law.
76
What is Effectiveness?
National rules must not make it excessively difficult to enforce EU rights.
77
What is Acte Éclairé?
When a question of EU law has already been clarified by the CJEU, there is no need for a preliminary reference.
78
What is the Ordinary Legislative Procedure?
The standard process for adopting EU laws, requiring agreement between the European Parliament and the Council.
79
What is the Special Legislative Procedure?
A process where either the Parliament or Council has a stronger role, depending on the subject matter.
80
What is the Consent Procedure?
The Parliament gives its consent to certain Council decisions without having the power to amend them.
81
What is the Consultation Procedure?
The Council adopts legislation after consulting the European Parliament, which has an advisory role.
82
What is Enhanced Cooperation?
A mechanism allowing a group of at least nine Member States to advance legislation together when unanimity cannot be reached.
83
What are Delegated Powers?
Powers given to the Commission to supplement or amend non-essential aspects of legislative acts.
84
What are Implementing Powers?
Powers given to the Commission or Member States to ensure the uniform application of EU law.
85
What is Action for Interim Measures?
A request for temporary measures to avoid irreparable harm while a case is pending.
86
What is the Annulment Remedy?
A remedy where the CJEU declares an EU act invalid.
87
What is Preclusion?
The loss of the ability to challenge an EU act after failing to act within the time limit.
88
What is Judicial Review?
The process of examining the legality of an EU act or national measure under EU law.
89
What is Locus Standi?
The right of an applicant to bring a case before a court.
90
What is Ex Officio Review?
When a court examines compliance with EU law on its own initiative, without being prompted by the parties.
91
What is Primary Law?
The foundational treaties of the EU, such as the TEU and TFEU.
92
What is Secondary Law?
EU laws derived from the Treaties, including regulations, directives, and decisions.
93
What is Tertiary Law?
Acts adopted under delegated or implementing powers, such as delegated and implementing regulations.
94
What is National Liability?
A Member State's liability for failing to enforce EU law properly.
95
What is Pre-Accession Conditionality?
Conditions set by the EU for countries seeking membership, ensuring they align with EU standards.
96
What is Compliance Review?
The Commission’s process of monitoring Member States' adherence to EU law.
97
What is Systemic Infringement?
Widespread or recurring breaches of EU law by a Member State.
98
What is Comitology?
Procedures by which the Commission works with Member States to implement EU legislation.
99
What are Delegated Committees?
Groups advising the Commission on delegated and implementing acts.
100
What is Better Regulation?
An EU initiative aimed at simplifying legislation and reducing regulatory burdens.
101
What is Provisional Application?
Temporary implementation of an international agreement while awaiting formal ratification.
102
What is Impact Assessment?
A tool used to evaluate the potential effects of proposed EU legislation.
103
What is Economic Convergence?
The process of aligning Member States’ economic policies with EU standards, especially for eurozone entry.
104
What is the Eurogroup?
Informal meetings of finance ministers from eurozone countries.
105
What is the Single Supervisory Mechanism (SSM)?
A system for supervising eurozone banks under the European Central Bank.
106
What is Delegation of Sovereignty?
When Member States transfer certain powers to the EU.
107
What is Soft Power?
The EU’s ability to influence Member States and non-EU countries through non-coercive means.
108
What is Soft Enforcement?
Non-binding mechanisms like recommendations and peer pressure to ensure compliance.
109
What is Cross-Border Cooperation?
Collaboration between Member States on shared issues like crime or environmental protection.
110
What is Citizens’ Initiative?
A mechanism allowing EU citizens to propose new legislation if they gather sufficient signatures.
111
What is Subsistence Allowance?
Financial support offered to individuals in some EU programs to cover basic living costs.
112
What is the Rule of Law Mechanism?
A tool used to ensure Member States respect democratic principles and EU values.
113
What is the Principle of Institutional Autonomy?
EU institutions are free to decide how to organize their internal processes, provided they comply with the Treaties.
114
What is Delegated Authority?
The delegation of specific, non-legislative powers to the Commission to adopt binding measures under Article 290 TFEU.
115
What is Implementing Authority?
The power to ensure uniform implementation of EU law, granted to the Commission or Member States under Article 291 TFEU.
116
What is Excessive Formalism?
When procedural rules are applied so strictly that they undermine substantive justice.
117
What is the Non-Discrimination Principle?
EU law prohibits discrimination based on nationality or other factors within its scope of application.
118
What are Harmonized Standards?
Common technical or procedural requirements established across the EU to ensure consistency.
119
What is Corrective Action?
Measures taken by the EU or a Member State to address violations or deficiencies in applying EU law.
120
What is a Closed Group in the context of Standing?
A fixed or determinable group of individuals who are individually affected by an EU act.
121
What is General Application?
An EU measure that applies to all individuals or entities within its scope, as opposed to specific addressees.
122
What is Individual Concern?
The requirement that a non-privileged applicant must prove they are uniquely affected by an EU act.
123
What are Regulatory Acts without Implementing Measures?
A subset of acts under Article 263(4) TFEU that can be challenged without proving individual concern.
124
What are Hybrid Acts?
Acts that combine elements of legislative and non-legislative procedures.
125
What are Non-Binding Instruments?
EU measures like recommendations or opinions that guide Member States without legal enforcement.
126
What is an Amendment Directive?
A directive that modifies existing legislation while leaving other parts intact.
127
What is Framework Legislation?
An EU legislative act providing general principles or guidelines, leaving specific implementation to secondary measures.
128
What is a Sunset Clause?
A provision in EU legislation setting an automatic expiration date unless renewed.
129
What is Legal Certainty in Procedures?
The principle that individuals and entities must be able to foresee the legal consequences of EU acts.
130
What is the Right to Be Heard?
The procedural right of parties affected by EU measures to present their views before a decision is taken.
131
What is Action for Declaratory Judgment?
A legal action seeking a court’s declaration on the legality or interpretation of a measure without requiring annulment.
132
What is Joinder of Cases?
When the CJEU combines multiple related cases into a single proceeding for efficiency.
133
What is Intervention in Proceedings?
When a third party with an interest in the outcome joins a case before the CJEU.
134
What is Suspensory Effect?
A temporary halt to the application of a challenged act until the court rules on its validity.
135
What is Burden of Proof?
The obligation to provide evidence supporting claims in EU judicial proceedings.
136
What is an Invalidity Declaration?
A ruling by the CJEU that renders an EU act void and unenforceable.
137
What is Uniform Interpretation?
The requirement that EU law is applied consistently across all Member States.
138
What is Teleological Interpretation?
Interpreting EU law based on its objectives rather than its literal wording.
139
What is Dynamic Interpretation?
Adapting the meaning of EU law to evolving social, economic, or technological contexts.
140
What is Literal Interpretation?
Interpreting EU law strictly according to the plain meaning of its text.
141
What is Systemic Interpretation?
Interpreting EU law in a way that ensures consistency with the overall legal framework.
142
What are Monitoring Obligations?
Member States’ duty to ensure compliance with EU obligations within their jurisdiction.
143
What is Voluntary Compliance?
Encouraging Member States to correct breaches of EU law before initiating infringement proceedings.
144
What is Continuous Breach?
A situation where a Member State persistently fails to comply with EU obligations.
145
What are Directive Implementation Deadlines?
Fixed dates by which Member States must transpose EU directives into national law.
146
What is Post-Legislative Scrutiny?
Evaluation of how EU laws are implemented and their effectiveness after adoption.
147
What is the Right to Effective Remedy?
Individuals must have access to courts to challenge violations of their EU rights.
148
What is the Right to Good Administration?
EU institutions must act impartially, fairly, and within a reasonable time.
149
What is the Principle of Solidarity?
Member States and EU institutions must cooperate to address shared challenges.
150
What is the Principle of Non-Retroactivity?
EU laws cannot apply retroactively unless explicitly stated.
151
What is a Default Judgment?
A court ruling in favor of one party because the other fails to act or respond.
152
What is an Enforceable Decision?
A decision of an EU institution that creates binding obligations.
153
What is a Standstill Clause?
A provision preventing Member States from taking measures that could conflict with pending EU legislation.
154
What is a Preliminary Objection?
An objection raised at the start of proceedings to dismiss a case on procedural grounds.
155
What is the Standard of Review?
The level of scrutiny applied by the CJEU when assessing the validity of EU acts.
156
What is a Notice Period?
The time given to Member States or individuals before an EU measure takes effect.
