Basic principles of EU law Flashcards
What does the primacy of EU law entail?
EU law takes precedence over the national law of member states.
If there is a conflict between national law and EU law, EU law prevails.
Which case confirmed the primacy of EU law over national law?
Costa v. ENEL (1964)
This case was pivotal in establishing the authority of EU law.
What is meant by direct effect in EU law?
EU law can have direct effect within Member States, allowing individuals to rely on EU law in national courts.
This means no further national legislation is needed to enforce EU law.
Which case established the principle of direct effect for EU treaties?
Van Gend en Loos (1963)
This case allowed individuals to invoke EU law directly in national courts.
What does the principle of subsidiarity state?
The EU should only act when objectives cannot be sufficiently achieved by Member States alone.
Action should be taken at the EU level only when it is more effective.
Which article of the Treaty on European Union references subsidiarity?
Article 5(3) TEU
This article outlines the conditions for EU action based on subsidiarity.
What is the definition of proportionality in EU law?
Any EU action should not exceed what is necessary to achieve the objectives of the treaties.
Actions must be appropriate and not disproportionate to the goal pursued.
Which article of the Treaty on European Union references proportionality?
Article 5(4) TEU
This article emphasizes the need for proportionality in EU actions.
What does the principle of non-discrimination and equality entail?
EU law prohibits discrimination based on nationality or other unjustified distinctions.
This principle is essential for the EU internal market.
Which case clarified the principle of mutual recognition in the EU?
Cassis de Dijon (1979)
This case was significant for understanding the free movement of goods.
What is the EU’s commitment regarding fundamental rights?
The EU is committed to respecting fundamental rights as enshrined in the EU Charter of Fundamental Rights.
This includes adherence to international conventions and general principles of EU law.
Which case emphasized the protection of fundamental rights in the context of implementing UN sanctions?
Kadi v. Council and Commission (2008)
This case highlighted the importance of fundamental rights within EU law.
What does the autonomy of EU law signify?
EU law is separate and independent from international law.
The EU must respect its own legal order even when implementing international obligations.
Which case reinforced the autonomy of EU law regarding international obligations?
Kadi v. Council and Commission (2008)
This ruling stated that international obligations cannot override fundamental EU principles.
What is one of the core principles of the EU’s internal market?
The free movement of goods, services, capital, and people.
This principle is enshrined in the Treaty on the Functioning of the European Union.
Which case established the right of individuals to move freely within the EU?
Reyners (1974)
This case specifically addressed the freedom of establishment within the EU.
What does judicial review in the context of EU law entail?
EU law is subject to judicial oversight by the Court of Justice of the European Union (CJEU).
This oversight ensures that EU institutions respect the treaties and protect individual rights.
Which case confirmed the CJEU’s role in judicial review of EU acts?
Les Verts (1986)
This case specifically addressed actions of the European Parliament.
What does the institutional balance in the EU refer to?
The careful balance between the EU’s main institutions, each with specific roles and responsibilities.
This balance is essential for effective decision-making.
Which articles outline the powers and functioning of EU institutions?
Articles 13-19 TEU
These articles detail the institutional framework of the EU.
What is the supremacy of the treaties in EU law?
The EU treaties form the primary source of EU law, and all EU legislation must comply with them.
This principle ensures that EU law is grounded in the treaties.
Which case emphasized the supremacy of the treaties and the EU legal order?
Internationale Handelsgesellschaft (1970)
This case was crucial in establishing the foundational legal principles of the EU.
What principle is the EU based on regarding the rule of law?
Both EU institutions and Member States must act within the boundaries of the law.
This ensures legal certainty and protection of rights.
Which article of the Treaty on European Union requires the EU to respect the rule of law?
Article 2 TEU
This article enshrines the principle of the rule of law within the EU framework.
What rights does EU citizenship provide?
The right to move freely and reside in any Member State, vote and stand in local elections, and protection by diplomatic authorities.
These rights enhance the integration of EU citizens.
Which case emphasized the status of EU citizens and their rights?
Grzelczyk (2001)
This case highlighted the principle of equal treatment for EU citizens.
What is the principle of mutual recognition in the EU?
Member States should recognize and accept each other’s regulations, certificates, and standards.
This principle is crucial for the internal market.
Which case established mutual recognition as a key principle in the free movement of goods?
Cassis de Dijon (1979)
This case is foundational for understanding mutual recognition in the EU.
What is the horizontal direct effect of directives?
Directives must be interpreted by national courts in a way that respects their aims, even if they do not have direct effect.
This principle is known as indirect effect.
Which case confirmed that directives must be interpreted to achieve their objectives?
Von Colson (1984)
This case established the importance of interpreting directives appropriately.
