Authority Flashcards
A177 EEC
Preliminary Ruling System
Van Gend En Loos
Key Words: Direct Effect
Facts: VGL imported into Netherlands - goods categorised under 8% VAT when in fact they should be under 3%
Ratio: Direct Application of A12 EEC - nationals may on the basis of the Article lay claim to rights which the NC must protect
Costa v Enel
Key Words: Supremacy; Direct Effect
Facts: It nationalised the electric energy industry - Mr C refuses to pay electricity invoice
Ratio: EU law takes priority
Handelsgesellschaft
Key Words: Constitutional Rules Conflict; Direct Effect
Facts: Cereal business - directive invalid? Argue excessive intervention w freedom of trade
Ratio: If EU law conflicts with constitutional rules, EU law still needs to be applied and national rules ignored. No factors affecting validity of directive
Simmenthal
Key Words: Supremacy; Duty of National Courts
Facts: Imported beef - veterinary checks detrimental to free movement of goods
Ratio: National courts must apply community law
Melloni
Key Words: Duty of National Courts
Facts: Arrest Warrant - may refuse to execute based on infringement of fundamental rights guaranteed by constitution?
Ratio: No- would undermine primacy of EU law- undermine mutual trust
Solange I and II
Key Words: German Court
Ratio:
I- So long as EU has no BoR, Constitutional Court will retain authority
II- Satisfied that fundamental rights are protected by ECJ - take back seat while this is the case
Maastricht/ Brunner/ Kompetenz
Key Words: Conferred Powers, UV; German Court
Facts: GCC confirmed legality of German ratification of Maastricht
Ratio: ECJ needs to respect conferral- MSs decide what is within competencies
Hinted: If EC failed, GCC would apply control of UV acts
Honeywell
Key Words: Conferred Powers, UV
Ratio: UV if manifest violation of competence in a structurally significant manner + CJE had the opportunity to rule on the matter
Lisbon Decision
Key Words: National Constitutional Identity
Ratio: Use of flexibility clause needs consent of German Parl - More integration would require new Gr Constitution
OMT/ Gaweiler
Key Words: Conferred Powers, UV; Supremacy
Facts: OMT program designed by ECB - exceeds powers conferred?
Ratio: No exceeding of competences - look at object and instruments
Did not violate prohibition of monetary financinf
A50 TEU
Withdraw from the union
A5 TEU
The limits of Union competences are governed by the principle of conferral.
The use of Union
competences is governed by the principles of subsidiarity and proportionality.
A4 TEU
Principle of Equality
