Case law Flashcards
What is the Cassis de Dijon case?
It defines fundamental rule of the community, over which something cannot take precedence over unless it serves the general interest
1979
Tarriccoo ii?
Put in question the notion of primacy of law.
Van Gend & Loos?
the Community as a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields and the subjects of which comprise not only the member states but also their nationals
Community law not only imposes obligations on individuals but is also intended to confer upon them rights which have become part of their legal heritage
Case on the new legal order and sovereign transfer power?
Van Gend & Loos, 1963
Costa v ENEL?
its own legal system, which has become an integral part of the legal systems of the member states, and which their courts are bound to apply.
1964
Cases which define the constitutional nature of the EU?
Les Verts : “basic constitutional charter”
Kadi : “constitutional principles of the EC Treaty”
Les Verts?
A system of legal remedies, allow the court of justice to review the legality of measured adopted by the institutions
Fransson?
Broadens the scope of review –> we can consider that we’re in the scope of the directive when national measures have in a way contributed to the correct application of the directive, and their intent align with that of Community Law.
Melloni?
Need to ensure the primacy, unity and effectiveness of EU law are not thereby compromised”, and
not risk to undermine the principles of mutual trust and recognition of the member states which would compromise the effectiveness of the framework decision.
SA Roquette Frères v Council?
The Parliament reflects the fundamental democratic principle that the people should take part in the exercise of power through this intermediary body.
Meroni case?
there can be seen in the balance of powers which is characteristic of the institutional structure of the Community a fundamental guarantee granted by the Treaty in particular to the undertakings and associations of under takings to which it applies
Puppink Case
that an ECI is designed to ‘invite’ the Commission to submit an appropriate proposal for the purpose of implementing the Treaties, and not, as claimed by the appellants, to oblige that institution to take the action or actions envisaged by the ECI concerned.
Les Verts?
the Treaty established a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions
Rewe-ZentralfinanzeG
Enshrines the principle of institutional and procedural autonomy –> national courts which are entrusted with ensuring the legal protection which citizens derive from the direct effect of the provisions of Community law.
Foto-frost
ensure that Community law is applied uniformly by national courts. That requirement of uniformity is particularly imperative when the validity of a Community act is in question.
