WEEK 4, CH7 Flashcards
(53 cards)
What context was the EU formed in?
war and peace
What characterizes EU law?
EU law is characterized by SUPRANATIONAL LAW
What is supranational law?
A type of law where EU legislative bodies and the European Court of Justice (ECJ) shape laws that are directly applicable in member states.
in easier words: EU lawmakers and the EU’s main court help make rules that automatically apply in every country that’s part of the EU.
What are two key implications of supranational EU law?
- Citizens can invoke EU law in domestic courts: they can use EU rules in their own country’s courts
- EU law takes precedence over national law: EU law is more powerful than each country’s own law
What three areas structure free trade in the EU?
- The Four Freedoms
- Harmonization of law
- Competition rules
What do the three areas of EU free trade create?
A common market with free movement of goods, people, services, and capital.
What are the Four Freedoms in the EU?
Free movement of goods, people, services, and capital.
Which of the Four Freedoms is often emphasized the most?
The free movement of goods
What are the two principles behind the Free Movement of Goods in the EU?
- Ban on all fiscal restrictions (not allowed to charge extra money when goods move from one country to another)
- Elimination of all quantitative restrictions to trade (EU countries cannot put a limit on how much of something can be imported or exported)
What does Article 30 TFEU prohibit?
It prohibits customs duties and similar charges on goods crossing borders within the EU.
governments cannot charge extra taxes or fees just because the product is from another EU country
What does Article 110 TFEU ensure?
That national taxes do not discriminate against foreign products.
A country can’t tax products from other EU countries more heavily than it taxes its own products.
What do Articles 34 & 35 TFEU ban?
They ban quantitative restrictions on imports/exports and any measures with equivalent effect (MEE).
What are the rules on import/export duties in the EU?
- All duties are forbidden, even if not protectionist: EU countries are not allowed to charge border fees on goods from other EU countries, even if the reason isn’t to help their own businesses.
- Charges with equivalent effect are also forbidden: Countries can’t charge a different kind of fee that does the same thing as a border tax.
If it makes the product more expensive just because it came from another EU country → Still not allowed. - Exception: fees for specific services (like inspections at borders): The only time you can charge a fee is if you’re doing a real service.
Example:
Checking if food is safe or clean → Okay to charge a small fee for that service.
What is a Measure Having Equivalent Effect (MEE)?
A domestic rule that impacts imports like a trade restriction
court principle on MEE
mutual recognition and rule of reason
What is the principle of Mutual Recognition?
A product legally sold in one EU country can also be sold in any other EU country.
What is the Rule of Reason in EU law?
It’s an exception to Mutual Recognition — if a country has a justified reason (e.g., public health or consumer safety), it can restrict goods.
What are Sales Modalities?
- Rules about how products are sold (e.g., store hours, advertising).
- These are allowed if they don’t discriminate and don’t directly affect the product itself.
Who has the right to move and live freely within the EU?
All citizens of EU member states
Does the right to free movement only apply to workers?
No, it applies to all EU citizens and even to their non-EU family members.
What are the residence rights for EU citizens for up to 3 months?
They can enter and stay in any other EU country without restrictions.
What are the residence rights for 3 months to 5 years?
They can stay if they are working, self-employed, studying, or have enough money and health insurance.
What happens after 5 years of living in another EU country?
They gain the right to permanent residence (the “five-year rule”).
What is the Schengen Area?
A group of European countries that have removed internal border checks between each other.
