ABC EU LAW Flashcards

Question 1

Q

Dates and place:
- Treaty establishing Western European Union
- NATO
- Treaty for Council of Europe
- OEEC establihsment
- ECHR treaty
- Treaty ECSC in force (signing)
- Messina Conference to prepare for EEC Treaty
- Entry in force Treaty of Rome (signing)
- Establishment EFTA and member countries
- Convention OECD in Paris

Answer

A

Treaty establishing Western European Union: 1948 in BX
NATO: 1949 in Washington
Treaty for Council of Europe: 1949 in Strasbourg
OEEC establihsment: 1949 in Paris
ECHR treaty: 1950 in Rome
Treaty ECSC in force (signing): 1952 (1951 in Paris)
Messina Conference to prepare for EEC Treaty: 1955
Entry in force Treaty of Rome (signing): 1958 (1957)
Establishment EFTA and member countries: 1960 in Stockholm. Countries were Austria, Denmark,
Norway, Portugal, Sweden, Switzerland and the United Kingdom
Convention OECD: 1960 in Paris

Question 2

Q

Dates and place:
- Signing of the Treaty establishing a single Council and single Commission of the European Communities (Merger Treaty):
- Entry in force Merger Treaty:
- DK, IE, UK join EC:
- Signing of the Final Act of the Conference on Security and Cooperation in Europe:
- Establishment of the European Monetary System:
- First direct election of the European Parliament
- GR accession:
- withdrawal of Greenland from EEC:
- Schengen agreement and members:
- PL ES accession:
- Single European Act:

Answer

A

Dates and place:
- Signing of the Treaty establishing a single Council and single Commission of the European Communities (Merger Treaty): 1965
- Entry in force Merger Treaty: 1967
- DK, IE, UK join EC: 1973
- Signing of the Final Act of the Conference on Security and Cooperation in Europe: 1975
- Establishment of the European Monetary System: 1978
- First direct election of the European Parliament: 1979
- GR accession: GR
- withdrawal of Greenland from EEC: 1985
- Schengen agreement and members: 1985 between BE, FR, DE, LUX, NL
- PL ES accession: 1986
- Single European Act: 1987

Question 3

Q

Dates and place:
- Maastricht Treaty signing:
- EEA agreement signing:
- Inception of European single market:
- Maastricht entry into force:
- Entry into force of the EEA Agreement:
- Accession AT, FI, SW:
- Entry into force of the Schengen Convention + additional members
- Publication of the European Commission’s Agenda 2000 programme aimed at enlarging the EU:
- Signing Amsterdam Treaty (entry in force):
- Start of EU enlargement process of European Council in LUX
- Entry into force of Europol convention:
- Adoption of the Lisbon strategy for the economic, social and environmental renewal of the EU:
- Proclamation charter of Fundamental rights Europe:
- Treaty of Nice signing:

Answer

A

Maastricht Treaty signing: 1992 (1993 entry in force)
EEA agreement signing: 1992 in Porto
Inception of European single market: 1993
Maastricht entry into force: 1993
Entry into force of the EEA Agreement: 1994
Accession AT, FI, SW: 1995
Entry into force of the Schengen Convention + additional members: 1995, Denmark, Greece, Spain, Italy, Austria,
Portugal, Finland and Sweden
Publication of the European Commission’s Agenda 2000 programme aimed at enlarging the EU: 1997
Signing Amsterdam Treaty (entry in force): 1997 (1999)
Start of EU enlargement process of European Council in LUX: 1997
Entry into force of Europol convention: 1998
Adoption of the Lisbon strategy for the economic, social and environmental renewal of the EU: 2000
Proclamation charter of Fundamental rights Europe: 2000
Treaty of Nice signing: 2001

Question 4

Q

Dates and place:
- Establishment of Eurojust:
- Entry in force Nice treaty:
- Accession big:
- Signing of the Treaty establishing a Constitution for Europe
- Rejection of the Treaty establishing a Constitution for Europe in referenda in France (54.7 % vote no) and the Netherlands (61.7 % vote no):
- BG RO accession:
- introduction euro in slovenia:
- Establishment of the European Union Agency for Fundamental Rights:
- Solemn proclamation of the Charter of Fundamental Rights by the European Parliament, the Council of the European
Union and the European Commission:

Answer

A

Dates and place:
- Establishment of Eurojust: 2002
- Entry in force Nice treaty: 2003
- Accession big: 2004
- Signing of the Treaty establishing a Constitution for Europe: 2004
- Rejection of the Treaty establishing a Constitution for Europe in referenda in France (54.7 % vote no) and the Netherlands (61.7 % vote no): 2005
- BG RO accession: 2007
- introduction euro in slovenia: 2007
- Establishment of the European Union Agency for Fundamental Rights: 2007
- Solemn proclamation of the Charter of Fundamental Rights by the European Parliament, the Council of the European
Union and the European Commission: 2007

Question 5

Q

Dates and place:
- Treaty of Lisbon signing (in force):
- Entry of CZ, EE, LV, LT, HU, MT, PL, SL, SK in Schengen:
- Introduction euro in Malta and Cyprus
- First referendum in Ireland on the Treaty of Lisbon (53.4 % vote no):
- Entry of Switzerland to the Schengen Area:
- Introduction euro in SK:
- Second referendum in Ireland on the Treaty of Lisbon (67.1 % vote yes)
- Creation of the European External Action Service
- Introduction euro Estonia
- Launch of ESMA:
- Adoption of the Euro Plus Pact for economic policy coordination in the economic and monetary union
- Entry of Liechtenstein to the Schengen Area:

Answer

A

Treaty of Lisbon signing (in force): 2007 (2009)
Entry of CZ, EE, LV, LT, HU, MT, PL, SL, SK in Schengen: (2007)
Introduction euro in Malta and Cyprus: 1. Januar 2008
First referendum in Ireland on the Treaty of Lisbon (53.4 % vote no): 2008
Entry of Switzerland to the Schengen Area: 2008
Introduction euro in SK: 2009
Second referendum in Ireland on the Treaty of Lisbon (67.1 % vote yes: 2009
Creation of the European External Action Service: 2010
Introduction euro Estonia: 2011
Launch of ESMA: 2011
Adoption of the Euro Plus Pact for economic policy coordination in the economic and monetary union: 2011
Entry of Liechtenstein to the Schengen Area: 2011

Question 6

Q

Dates and place
- Agreement by 25 Member States of a Treaty on Stability, Coordination and Governance in
the economic and monetary union (Fiscal Compact)
- Signing of the Treaty establishing the European Stability Mechanism
- Accession Croatia:
- Introduction euro in Latvia:
- Introduction euro Lithuania:
- Formal withdrawal of Iceland’s application for EU membership
- Paris Agreement entry in force
- Formal notice by Prime Minister Theresa May of the United Kingdom’s intention to leave the EU
- Withdrawal of the United Kingdom from the EU after 47 years of membership
- The United Kingdom withdraws from the EU’s internal market and customs union and from all EU policies and trade agreements
- COFE joint signature:
- EU adopts climate law
- Introduction of euro in Croatia (20th member)
- Entry Croatia Schengen:

Answer

A

Agreement by 25 Member States of a Treaty on Stability, Coordination and Governance in
the economic and monetary union (Fiscal Compact): 2012
Signing of the Treaty establishing the European Stability Mechanism: 2012
Accession Croatia: 2013
Introduction euro in Latvia: 2014
Introduction euro Lithuania: 2015
Formal withdrawal of Iceland’s application for EU membership: 2015
Paris Agreement entry in force: 2016
Formal notice by Prime Minister Theresa May of the United Kingdom’s intention to leave the EU: 2017
Withdrawal of the United Kingdom from the EU after 47 years of membership: 2020
The United Kingdom withdraws from the EU’s internal market and customs union and from all EU policies and trade agreements: 2021
COFE joint signature: 2021
EU adopts climate law: 2021
Introduction of euro in Croatia (20th member): 2021
Entry Croatia Schengen: 2023

Question 7

Q

NATO Member States:

Answer

A

total is 31
22 EU Members (excluding Ireland, Cyprus, Malta, Austria)
Albania, Canada, Iceland, Montenegro, North Macedonia, Norway, Türkiye, the United Kingdom and the United States

Question 8

Q

Foundation WEU and dissolution

Answer

A

1954, dissolved 2011

Question 9

Q

Foundation OSCE, and important milestones, role

Answer

A

1994
successor to the 1975 Conference on Security and Cooperation in Europe
Basic accords are the 1975 Helsinki Final Act and 1990 Charter of Paris
early warning, conflict prevention, crisis management, and post-conflict rehabilitation. Its mandate includes issues such as arms control, the promotion of human rights, freedom of the press, and free and fair elections. It

Question 10

Q

Beneš decrees

Answer

A

1945, disallowed claims to land in areas of
Czechia that were formerly German, its keeping was key demand from CZ PResident during Treaty of Lisbon Negotiations

Question 11

Q

TEU 6 titles

Answer

A

(I) Common provisions,
(II) Provisions on democratic
principles,
(III) Provisions on the institutions, (IV) Provisions on enhanced
cooperation,
(V) General provisions on the Union’s external action and
specific provisions on the common foreign and security policy and
(VI) Final provisions.

Question 12

Q

TFEU - origin and changes

Answer

A

The Treaty on the Functioning of the European Union (TFEU) was developed from the Treaty establishing the European Community (EC Treaty).

It has more or less the same structure as that treaty.

The main changes concern the external action of the EU and the introduction of new chapters, in particular on energy policy, police and judicial cooperation in criminal matters, astronautics, and sport and tourism

Question 13

Q

Accession procedure

Answer

A

a country is offered the prospect of membership;
a country receives official candidate status once it has met the
conditions for accession, but this does not necessarily mean that formal
negotiations have been opened;
formal accession negotiations are entered into with the candidate country, in which the arrangements and procedures for adopting the applicable EU legislation are agreed.
When the negotiations and accompanying reforms have been completed to the satisfaction of both sides, the findings and the conditions for accession are laid down in an accession treaty
First of all, the European Parliament
must give its assent to this accession treaty by an absolute majority of its members. The Council must then give its – unanimous – approval.
Following this, the accession treaty must be signed by the EU Heads of State or Government and the accession country
The accession treaty must then be ratified by the EU Member States and the accession country according to the respective constitutional provisions. With the deposit of the instruments of ratification, the accession process is completed and the accession treaty enters into force. The accession country then becomes a Member State.

Question 14

Q

Acession criteria - establishment and details

Answer

A

established by the Copenhagen European
Council in 1993

■ Political criteria. Stability of institutions, democracy, the rule of law,
guarantee of human rights and respect for and protection of minorities.

■ Economic criteria. The existence of a functioning market economy that
can cope with competitive pressure and market forces in the EU.

■ Legal criteria. Ability to take on the obligations of EU membership,
including acceptance of the aims of political, economic and monetary
union

Question 15

Q

Historic candidate relations Türkiye: application, association agreement, customs union, status accession candidate, begin of negotiations

Answer

A

Türkiye submitted its application for membership on 14 April 1987.
In 1963, Türkiye and the EEC entered into an association agreement
. In 1995 a customs union was formed
in Helsinki in December 1999 the European Council decided to grant Türkiye the official status of an accession candidate
European Council mandate in 2004, the negotiations began in October 2005, but continue to be challenging. T

Question 16

Q

Withdrawal clause: Art., conditions, what happens without agreement.

Expulsion clause?

Answer

A

A withdrawal clause (Article 50) has been incorporated into the EU Treaty, allowing a Member State to leave, wihtout conditions.
If no agreement between the EU and the Member State
concerned on the arrangements for its withdrawal is reached, withdrawal becomes effective without any agreement 2 years after the notification of the intention to withdraw
There is no provision for the expulsion of a Member State from the EU against its declared will, however, even for serious and persistent breaches of the treaties

Question 17

Q

Treaties governing UK withdrawal

Answer

A

Withdrawal Agreement, governing the terms of the exit process
Trade and Cooperation Agreement, which stablishes a
comprehensive trade partnership.
Political Declaration

Question 18

Q

Key elements: Backstop and Reciprocal citizens’ right

Answer

A

Reciprocal citizens’ right: EU citizens and UK citizens who exercised their right to reside in the respective territory before the end of the transition period (31 December 2020) and continue to live there afterwards will enjoy for life all rights to which they were entitled before Brexit

Question 19

Q

Fundamental values EU - Treaty Articles and list of values/aims

Answer

A

Article 2 TEU (values of the Union): respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
Article 3 TEU (aims of the Union): The Union’s aim is to promote peace, its values and the well-being of
its peoples; offer its citizens an area of freedom, security and justice without internal frontiers; establish an internal market

Question 20

Q

Art 7 (TEU) Procedure and voting quoras

Answer

A

Heads of State or Government in the European Council must unanimously determine the existence of a serious and persistent breach of the values and principles of the EU. This determination is made by the Heads of State or Government based on a proposal by one third of the Member States or by the European Commission, and after obtaining the
assent of the European Parliament.
The Council of the European Union may then, acting by a qualified majority, suspend certain of the rights deriving from the application of the EU Treaty and the TFEU to the Member State in question, including voting rights in the Council
The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.
The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union.

Question 21

Q

Aims EU within its borders Art 3

Answer

A

promote peace, its values and the well-being of its citizens
offer freedom, security and justice without internal borders, while also taking appropriate measures at its external borders to regulate asylum and immigration and prevent and combat crime
establish an internal market
achieve sustainable development based on balanced economic growth and price stability and a highly competitive market economy with full employment and social progress
protect and improve the quality of the environment
promote scientific and technological progress
combat social exclusion and discrimination
promote social justice and protection, equality between women and men, and protection of the rights of the child
enhance economic, social and territorial cohesion and solidarity among EU countries
respect its rich cultural and linguistic diversity
establish an economic and monetary union whose currency is the euro

Question 22

Q

Aims EU within the wider world, Art 3 TEU

Answer

A

uphold and promote its values and interests
contribute to peace and security and the sustainable development of the Earth
contribute to solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights
strict observance of international law

Question 23

Q

Case law of fundamental rights - history and basic rights secured by EU law (rather than treaty provision)

Answer

A

In 1969 in Satuder Judgement, Court recognised the existence of an EU framework of fundamental rights

List: right
of ownership, freedom to engage in an occupation, the inviolability of the home, freedom of opinion, general rights of personality, the protection of the family (e.g. family members’ rights to join a migrant worker), economic freedom and freedom of religion or faith, along with a number of fundamental procedural right, principle of equal treatment

Question 24

Q

Article linking actions of the EU institutions and the Member States, insofar as they apply and implement EU law, to the Charter of Fundamental Rights of the European Union

Answer

A

Art. 6 TEU

Question 25

Q

Proclamation Charter on Fundamental Rights - first time and then as separate instrument second time

Answer

A

Nice European Council on 7 December 2000
Second time on 12 December 2007 in Strasbourg. The EU Treaty refers to this version of the charter in binding form.

Question 26

Q

Charter on Fundamental Rights does not apply to which country and why?

Answer

A

Poland, as it did not wish to adopt the system of fundamental rights
of the charter, as it was concerned that it would be obliged to surrender or
at least change certain national positions concerning, in particular, issues of
religion and faith.

Poland is therefore not bound by the fundamental rights
of the charter, but by the case-law of the Court of Justice, as previously

Question 27

Q

Enhanced cooperation: legal basis

Answer

A

Art. 20 TEU
Art. 326 - 334 TFEU

Question 28

Q

Enhanced cooperation: practice
- when it can be uses
- who can participate
- can be used always?
- minium number of MS
- Are Acts part of EU acquis?
- Are th expenditures covered?
- Must policies be consistent, and who checks?

Answer

A

may be used only within the framework of the EU’s existing competence and must serve to further the objectives of the Union and reinforce the European integration process (Art 20 TEU)
must be open to all Member States
may be undertaken only as a last resort
minimum threshold for establishing enhanced cooperation is nine Member
States
Acts adopted within the framework of enhanced cooperation are not regarded as part of the EU acquis
Expenditure resulting from enhanced cooperation, other than administrative costs, are to be financed by the participating Member States, unless all members of the Council, acting unanimously after consulting the European Parliament, decide otherwise
The Council and the Commission must ensure the consistency of activities undertaken within the framework of enhanced cooperation with the other policies and activities of the Union

Question 29

Q

Enhanced cooperation: uses

Answer

A

First time: Regulation that allows spouses of different nationalities to choose the applicable law for a divorce failed in 2006, Enhanced cooperation was established in 2010
Unitary patent protection (all wihtout ES,Croatia) in 2012
EPPO in 2017, 22 MS have so far joined

Question 30

Q

Cases establishing the nature of EU

Answer

A

Van Gend & Loos in 1963
Costa v Enel in 1964

Question 31

Q

Elements that characterise the special legal nature of the EU, based on 2 seminal cases

Answer

A

the institutional set-up,
the transfer of powers to the EU institutions to a greater degree than in other international organisations
establishment of its own legal order
direct applicability of EU law
## primacy of EU law,

Question 32

Q

The freedoms and their respective articles

Answer

A

General: Art. 26 TFEU
Free movement of Goods (Art. 34)
Free movement of persons (Art 45,49)
-Freedom to provide services (Art. 57)
Free movement of capital (Art. max 63)

Question 33

Q

Four Convergence criteria euro

Answer

A

Price stability: inflation rate: max 1.5% above rate of 3 best performing MS
Sound public finances: deficit max 3%, Gov debt: 60% (not under EDP at time of examinatioN=
-Exchange rate stability: Participation in ERM II for at least 2 years without severe tensions, in particular without devaluing against the euro
long-term interest rate: max 2% above three best performing MS

Question 34

Q

euro Accession: founding MS, and new ones

Answer

A

Founding: DE, IT, LUX, BE, NL, AT, FR, FI, PT, ES
Greece: 2001
Slovenia: 2007
Cyprus: 2008
Malta: 2008
Slovakia: 2009
Estonia: 2011
Latvia: 2014
Lithuania: 2015
Croatia: 2023

Question 35

Q

Countries that secured either opt-out of obligation of joining euro or are special case + procedure

Answer

A

DK, can decide whether and when the procedure for verifying compliance with
the criteria for joining the single currency is initiated
Sweden: adoption of the
euro depends on whether the Commission and ECB recommend Sweden’s participation to the Council. If such a recommendation is made and approved by the Council, Sweden will not be able to refuse to participate.

Question 36

Q

Rights of EU citizenships and corresponding articles

Answer

A

Art 20 TFEU: establishment of EU citizenship

Art. 21 TFEU: free movement in EU

Art 22 TFEU: right to vote and stand candidate in local elections of MS where he resides

Art 23 TFEU: entitlement to protection by the diplomatic and consular authorities of any Member State

Art 24 TFEU: right to petition the European Parliament

Art 20(2) + Art 18 TFEU: right to be treated by all Member States in the same way as they treat their own nationals

Question 37

Q

Legal basis princicple of conferral, and art of concrete powers

Answer

A

Art 5 TEU

Art 2, 3, 4, 6 TFEU

Question 38

Q

Shared competencies + special cases

Answer

A

Art 4 TFEU

(a) internal market;

(b) social policy, for the aspects defined in this Treaty;

(c) economic, social and territorial cohesion;

(d) agriculture and fisheries, excluding the conservation of marine biological resources;

(e) environment;

(f) consumer protection;

(g) transport;

(h) trans-European networks;

(i) energy;

(j) area of freedom, security and justice;

(k) common safety concerns in public health matters, for the aspects defined in this Treaty.

In some areas, exercise of that competence shall not result in Member States being prevented from exercising theirs:
- research, technological development, space, development cooperation and humanitarian aid

Question 39

Q

Exclusive competencies

Answer

A

Art 3 TFEU

customs union, competition rules for internal market, monetary policy for the Member States whose currency is the euro, the conservation of marine biological resources under the common fisheries policy, common commercial policy.

In addition, EC also has exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.

Question 40

Q

Competence to carry out supporting action + special mentioning

Answer

A

Art 6 TFEU

(a) protection and improvement of human health;

(b) industry;

(c) culture;

(d) tourism;

(e) education, vocational training, youth and sport;

(f) civil protection;

(g) administrative cooperation.

In the areas of employment and economic policy, the Member States explicitly acknowledge the need to coordinate national measures within the EU –> Art 2(3) TFEU

Question 41

Q

Dispositive powers or flexibility clause - what they are and how they can be used, and if everywhere

Answer

A

Art. 352 TFEU

confer on the institutions a power to act when it is essential for the operation of the single market or for ensuring undistorted competition

Process: Council adopts unanimously following COM proposal and EP consent, in all areas both OLS and Special legislative procedure ones

Cannot be used for CFSP. Article 352 TFEU may not be used as a basis for measures that entail harmonisation of national laws

Question 42

Q

Implied powers: what they are, case law,

Answer

A

Implied – or implicit – powers are, however, powers that have not been explicitly conferred upon (power of action) the EU in the treaties but derive either from the explicitly conferred powers or the objectives of the EU.

Case law: 1971 European agreement on road transport case and Kramer case (fishing quotas): essentially allows EU to negotiate international agreements in matters where it has competence to adopt internal rules.

Legal basis: Art 352(1) TFEU

Question 43

Q

Subsidiarity principle: legal basis, 2 facets, what happens in case of breach

Answer

A

Art. 5 TEU, + 2 protocols
- Protocol 1 encourages national parliaments’ involvement in EU activities, and requires EU documents and proposals to be forwarded promptly to them so they can examine them before the Council of the European Union makes a decision.
- Protocol 2 requires the European Commission to take into account the regional and local dimension of all draft legislative acts and to make a detailed statement on how the principle of subsidiarity is respected

affirmative statement that the EU must act where the objectives to be pursued can be better attained at the Union level (added value)
negative statement that it must not act where objectives can be satisfactorily attained by the Member States acting individually, which constrains them
It must not fall within EU’s exclusive competency

In the event of a breach of the principle of subsidiarity, the European Committee of the Regions or Member States may refer an adopted act directly to the Court of Justice of the European Union.

Question 44

Q

Principle of proportionality

Answer

A

Art 5(4) TEU: content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.

Criteria set out in Protocol Nr

EU measures:
- must be suitable to achieve the desired end;
- must be necessary to achieve the desired end; and
- must not impose a burden on the individual that is excessive in relation to the objective sought to be achieved (proportionality in the narrow sense).

Question 45

Q

History principle subsidiarity

Answer

A

The principle of subsidiarity was formally enshrined by the TEU, 1992
The Single European Act, signed in 1986, had already incorporated a subsidiarity criterion into environmental policy, however, albeit without referring to it explicitly as such
Protocol annexed by Treaty of Amsterdam
Lisbon Treaty added subnational level, more enforcement, put it in Art 5 TEU

Question 46

Q

early warning’ mechanism for subsidiarity: steps, majorities, yellow card, judicial review etc.

Answer

A

COM must send draft law simultaneously also to national Parliaments
8 weeks from the date of forwarding of a draft legislative act to send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion stating why it considers that the draft in question does not comply with the principle of subsidiarity.
- Each national Parliament gets two votes
If national Parliaments representing at least one third of all the votes dissent, draft must be reviewed (yellow card). This threshold is a quarter in the case of a draft legislative act submitted on the basis of Article 76 of the Treaty on the Functioning of the European Union on the area of freedom, security and justice.
The institution which produced the draft legislative act may decide to maintain, amend or withdraw it, giving reasons for that decision.
- Under OLS, simple majority of the votes allocated to the national Parliaments is enough to trigger review, and, if Commission insists, Council and EP vote in first reading; EP with majority and Council with 55% of its members (orange card). If this happens, proposal is nil.

Compliance with the principle of subsidiarity may be reviewed retrospectively (following the adoption of the legislative act) by means of a legal action brought before the CJE. This can be done:
- By MS in accordance to Art. 263 TFEU, on behalf of their national parliament or a chamber thereof
- By Committee of Regions in accordance of Art. 263 TFEU, in cases that TFEU stipulates that it must be consulted

Question 47

Q

Statistics yellow card and orange card

Answer

A

The ‘yellow card’ procedure has been triggered three times, while the ‘orange card’ procedure has never been used.

In 2013, first yellow card with Monti II Regulation. EC withdrew proposal

In 2013, second yellow card for EPPO proposal. EC maintained proposal

In 2016 third yellow card for Posted workers directive. EC maintained proposal

Question 48

Q

Subsidiarity review under Juncker

Answer

A

Junkcer white paper in xxx
In March 2017, the Commission created a dedicated ‘Task Force on subsidiarity, proportionality and doing less more efficiently’, as part of the Better Regulation agenda
Subsidiarity package in 2018, with aim to strengthen the role of the principles of subsidiarity and proportionality in EU policymaking.

Question 49

Q

Legal sources EU law - hierarchy of norms

Answer

A

Primary EU law: EU’s founding Treaties (TEU, TFEU, Euratom Treaty, protocols, accession treaties), Charter on Fundamental Rights, general principles of EU law established by CJEU

The EU’s international agreements (higher as established by case-law)

Secondary EU law - legislative acts: Law made by the EU institutions by exercising the powers conferred on them

Secondary law - non-legislative acts:

General principles of law

Conventions between MS

Question 50

Q

Direct effect EU law

Question 51

Q

Types of secondary legislation, and when is an act considered legsilative

Answer

A

those listed in Art. 288 TFEU: Regulations, directives, decisions, (binding) opinions, and recommendations (non-binding)

those not listed in Article 288 TFEU: atypical acts, such as the rules of procedure of the institutions and interinstitutional agreements.

Art 290 TFEU: delegated acts

Art 291: implementing acts

Art 289 TFEU: Legal acts adopted by legislative procedure shall constitute legislative acts.

Question 52

Q

Cases in which ECB is involved

Answer

A

Based on van gend en Loos judgement. In its judgment, the Court of Justice of the European Union (the Court) enshrines the direct effect of European Union (EU) law. The judgment states that EU law not only engenders obligations for EU Member States, but also rights for individuals.

There are two aspects to direct effect: a vertical aspect and a horizontal aspect.
1) 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.

2)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).

Primary law sources:
- 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

In secondary law
- Regulations: Art 288 TFEU, however, rules must be precise
- Directive: see other card, only has vertical direct effect
- Decisions: may have direct effect when they refer to a Member State as the addressee. The Court therefore recognises only a direct vertical effect
- 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.

Question 53

Q

Can Directives have direct effect without transposition?

Answer

A

Yes, CJEU ruling under following conditions

(a) the directive has not been transposed into national law or has been transposed incorrectly; (b) the provisions of the directive are imperative and sufficiently clear and precise; and
(c) the provisions of the directive confer rights on individuals.

If these conditions have been met, individuals may invoke the provision in question in their dealings with the public authorities.

Compensation can be sought by citizens (CJEU case law) when:
(a) the directive is intended to confer rights on individuals;
(b) the content of the rights can be identified on the basis of the provisions of the directive; and (c) there is a causal link between the breach of the obligation to transpose the directive and the loss and damage suffered by the injured parties

Question 54

Q

Primacy of EU law

Question 55

Q

Articles outlining external dimension of domestic policy

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ABC EU LAW Flashcards

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