Fundamental Principles of EU Law, Protection of Human Rights, Internal market

Question 1

What is direct effect?

Answer 1

Private persons have the right to invoke the EU-law

Question 2

What is meant by vertical and horizontal direct effect?

Answer 2

Horizontal: private persons enforcing their rights of EU law (-> direct effect) against another individual or company
Vertical: private persons enforcing their rights of EU law against a body of the state

Question 3

What kind of direct effect do directives have?

Answer 3

Directives have ONLY vertical direct effect

Question 4

What is meant by primacy, or supremacy, of EU law?

Answer 4

When there is a conflict between national law and EU law, the EU law has the highest priority

Question 5

What does the shortening ECHR stans for?

Answer 5

European Convention of Human Rights

Question 6

What were the reasons for the increased need for a strong basis on EU human rights action in the 1990’s?

Answer 6

• Enlargement to Eastern countries
• EU powers on justice and internal affairs, which could affect human rights
• Internal agreements with third countries

Question 7

Regarding social rights in the charter of fundamental rights, there is a distinction made between rights, principles and objectives. Explain by defining each of them.

Answer 7

Principles: those social rights that need to be implemented by public powers (ex environmental rights and consumer rights) NOT judicially guaranteed. Need to be implemented.
Rights: Judicially guaranteed
Objectives: Norms that state very side goals

Question 8

What does the European Union Agency for Human Rights (FRA)?

Answer 8

Based in Vienna. Provide advice to EU institutions and MS on human rights listed in the charter, collect and analyze information and data on the scope of application of the charter, and raise rights awareness. Alltså:

• Provide advices to EU institutions and MS
• analyze information and data
• raise rights awareness

Question 9

What is meant by customs union?

Answer 9

= free trading area (no customs duties) (=internal dimension) + common external tariff on all goods entering the union (=external dimension)

Question 10

What kind of selling is not included in article 34?

Answer 10

Selling arrangements that do not directly reder to product (can be regulated by the MS without infringing article 34 TFEU)

Question 11

How is a worker defined?

Answer 11

Someone who during a period of time performa services under the direktion of another, in return for repayment (remuneration). Payment doesn’t have to be money, and doesn’t have to be enough to live on

Question 12

If you don’t have a job, how long are you allowed to stay in another EU country?

Answer 12

3 months

After 3 months, you must be able to show that it is most likely that you will get a job.

Question 13

What is the circumstances in which you are allowed to remain after losing a job?

Answer 13

• illness
• involuntary unemployment
• vocational training

Question 14

After how long do you have the right to stay permanent in a country?

Answer 14

After 5 years

Question 15

What is meant by primary and secondary establishment?

Answer 15

Start up of a new business -> primary establishment

Expansion of business -> secondary establishment

Question 16

AFTER you have established a company in one MS, are you then under EU or national law?

Answer 16

National law

Question 17

What is meant by posted workers?

Answer 17

Employees sent by their employer to work temporarly in another EU MS

Question 18

What does Marcon think about the posted workers issue? How long does he think posted workers should be allowed to spend in their host countries?

Answer 18

He is sceptical. He thinks this leads to an unfair competition between workers in different EU countries. He wants to reform the directive 96/1. He thinks there should be a maximum limit of 12 months. (Today it is up to 30 months)

Question 19

What does the Schengen agreements mean?

White and black list?

Answer 19

Area without bordet controls at the internal frontiers, common policy regarding non-EU citizens’ entry;
White list: do not need a visa to enter the Schengen area (up to 90 days)
Black list: must require a short-term visa to enter (90 days = 3 months)
Visits over 90 days are to be regulated by each MS

Question 20

What is the EU blue card?

Answer 20

A card for researchers and high-skilled workers to have the right to stay and move across the EU

Question 21

What is the Golden visa programs?

Answer 21

A way to attract non-EU foreign investors. Gets a fully valid residency permit in the country in question. Will allow the investor and its family members to enter and/or live in the country.

Question 22

Is there any case where internal taxes are ok?

Answer 22

Yes, when there is no direct or indirect discrimination

Question 23

What is Frontex?

Answer 23

The EU coast guard