Week 1 Flashcards
(49 cards)
What are the four types of powers held by the European Parliament?
- Legislative power
- Budgetary powers
- Supervisory powers
- Elective powers
The European Parliament represents European citizens in legislation and governance.
What is the role of the Council of Ministers in the EU?
It legislates with the European Parliament and shares powers on budget making.
It is intergovernmental with one specialized minister per member state.
What is the primary function of the European Commission?
It fulfills an executive task and has 27 independent members.
The Commission is responsible for ensuring that EU law is upheld.
What is the highest judicial authority in the EU?
The Court of Justice of the European Union (CJEU).
It includes the advocate-general, who produces non-binding opinions.
Define vertical claim in EU law.
Individuals can invoke rules from EU treaties against the government.
The State is normatively ‘above’ its subjects.
What is a horizontal claim?
Claims between private parties.
It raises the question of whether Treaties can impose obligations on individuals.
What does direct effect mean in EU law?
A norm is directly enforceable without further implementation by legislature.
It binds the national legislator but is not self-executing.
What is the difference between direct applicability and direct effect?
- Direct applicability: internal effect of a European norm.
- Direct effect: enforceable effect of a norm in a specific case.
What is the doctrine of consistent interpretation?
National courts have an obligation to interpret national law in line with EU law.
This is based on the principle of indirect effect.
What are the two perspectives on the primacy of EU law?
- EU view: EU law prevails over national law.
- National courts’ perspective: limits to supremacy exist regarding human rights, competence, and constitutional identity.
What are primary sources of EU law?
- Treaties (TEU & TFEU)
- Charter of fundamental rights
A norm can be invoked when the Court of Justice says it is.
What is the difference between regulations and directives in EU law?
- Regulations: binding on all members, directly applicable.
- Directives: binding on members to transpose into national law.
What is required for a directive to have direct effect?
- Vertical claim
- Implementation period must have passed
- Provision must be clear, precise, and unconditional.
What is the purpose of the preliminary reference procedure?
It provides interpretative assistance to national courts.
This is essential for the supremacy and uniform application of EU law.
What are the three conditions for state liability?
- Legislative
- Executive
- Judiciary
A new liability test requires a direct causal link between breach and damage.
When must a question be referred to the Court of Justice?
All national courts must refer questions on the validity of EU law.
Courts of last instance are obligated to refer questions on interpretation of EU law.
What is the CILFIT test?
It determines when a court may not need to refer a question to the CJEU because the correct application of EU law is obvious.
It assesses if the correct answer is obvious to other national courts and the CJEU.
What did the Court rule in Van Gend & Loos?
Individuals may rely directly on EU law before their national court.
This established the principle of direct effect.
What is the main conclusion of Costa v ENEL?
EU law prevails over national law.
This case reinforces the supremacy of EU law.
What are the limitations placed by the German Constitutional Court on EU law supremacy?
Supremacy is relative and limited by constitutional identity and ultra vires review.
This means the German court may assert its own limits on EU competence.
What is required if a court of last instance decides to use one of the 3 exceptions and not refer?
It must give reasons for doing so in the judgment.
What is national procedural autonomy conditioned on?
National procedural rules should not make the enforcement of EU rights impossible in practice or less favorable than the enforcement of similar national rights.
Under which article can the European Commission initiate an infringement procedure against a Member State?
Article 258 TFEU.
When are national courts not obliged to refer a question?
If either the principle of acte éclairé or acte claire applies.
