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eu Flashcards

1
Q

How to join the EU

A

Article 49 sets out.
- Copenhagen criteria sets out requirements

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2
Q

what is the Copenhagen criteria

A
  1. a stable democracy and the rule of law,
  2. a functioning market economy
  3. the acceptance of all EU legislation, including of the euro.
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3
Q

how does a member state leave the EU

A

Article 50 - in accordance with its own consitutional requirements

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4
Q

what is article 13(1)

A

established the framework of the EU institutions

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5
Q

What is the principle of institutional balance

A

each of the institutions must exercise. its powers with due regard for the powers of the other institutions.

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6
Q

What is the role of EU Council

A

Article 15 TEU
- political direciton
- national interest

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7
Q

what is the role of parliament

A

article 14 TEU
- represents citizens
- legislation, political control, execution of budget
- equal role with the council in legislation process

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8
Q

What is the role of the Council (of the EU)

A

Article 16 TEU
- represents general interest
- ‘watchdog’
- operates with parliament on legislation

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9
Q

what is the role of the Court of Justice (CJEU)

A

article 19 TEU
- represents the rule of law
- interpret and assess validity of EU law.

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10
Q

what are the different types of competences of the union

A

exclusive - only union
shared - share with MS
and supplementary - Union can only intervene to support or complement EU Law

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11
Q

what areas do the union have exclusive competency

A

article 3 TFEU
- customs union
-competition rules for function of International market
- monetary policy

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12
Q

what areas does the union have shared competency

A

Article 4 TFEU
- internal market
- environment
- transport
- energy

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13
Q

what areas does the union have supporting competency

A

Article 6 TFEU
- industry
- culture
- toursim
- education

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14
Q

How is subsidiarity and proportionality monitored by the NP

A

Article 7 Protocol no.2 on application of s+p
- yellow card monitoring mechanism
- 1/3 of NP raise objection = commission must review
- orange card mechanism
- 1/2 of NP raise objection = commission must review can reject

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15
Q

How is subsidiarity and proportionality monitored by the CJEU

A

article 263 TEU

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16
Q

what are the treaties

A

provide aims and objectives
- authority to each institution

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17
Q

what are general principles

A

principles founded on case law- proportionality etc

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18
Q

what article says who the legal acts are binding on and what is binding

A

288 tfeu
regulations - laws applying to all MS and entirely binding
directive - set down goals for implementation and binding as the the effect

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19
Q

what article states the ordinary legislative procedure

A

294 TFEU

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20
Q

what is annulment

A

article 263
- where the CJEU reviews the legality of treaties
- privileged party can always bring claim
- semi can if it affects their job
- non - prove can if there is direct and individual concern.

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21
Q

what is direct and individual concern

A

direct = changes their legal situation

individual= specific circunmstances differentiate them - PLAUMANN test

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22
Q

what is preliminary reference

A

article 267 tfeu
- referral from member state NP or court on validity and interpretation of law.
- unless it is irrelevant
- has been answered = ACTE ECLAIRE
- or is clear enough= ACTE CLAIR

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23
Q

what is the Menthol cigarettes c-358/14 case show

A
  • between Poland and the EU parliament and council and the restriction on menthol cigarettes.
  • proportionality - Second: infringement of the principle of proportionality. The prohibition of the marketing of menthol cigarettes is not an appropriate means for attaining the objectives pursued by the directive.
  • subsidarity - this issue has to be resolved at national level,
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24
Q

what is the infringement procedure

A

article 258 and 259 tfeu
- failure to fulfil obligaitons
- commission vs MS
- MS vs MS

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25
what is Ferreira da silva
compliance to make preliminary reference and if not pay compensation
26
commission v France case?
failed to fulfil its obligations under 267
27
what was van gend en loos
established the principle of direct effect meaning that MS and individuals and invoke the EU law.
28
difference between monist and dualist
monist legal system is like France where the international law and national law fall under the same legal system dualist is where the International law forms a separate system to domestic law.
29
what article states the MS obligation to cooperate with the union in carrying out tasks which flow from the treaties
Article 4(3) TEU
30
costa v enel
principle of supremacy - primacy of EU law over national law -> EU law is directly applicable in each member states legal system
31
Handelsgesellschaft case
EU law prevails of MS constitutions
32
Simmenthal case
MS disapply national provisions that conflict.
33
what is direct effect
direct effect is that the principle allowing legislation to be enforced by an individual in a court of a MS VAN GEND EN LOOS
34
Vertical vs horizontal direct effect
vertical - individual vs MS (ability to invoke EU law) horizontal - Individual vs Individual (ability to invoke EU against each other) includes private companies
35
do TREATY provisions have direct effect V+H
VERTICAL and HORIZONTAL direct effect (van gend en loos) conditions 1. clear, precise and unconditional 2- FOR HORIZONTAL= SABENA - be intended to confer rights upon an individual
36
do Regulations have direct effect V+H
YES van gend en loos criteria of clear, precise and unconditional
37
do directives have direct effect V+H
ONLY VERTICAL. directives can only apply against the state. can not invoke against another individual.
38
what is indirect effect
tool used by individuals to rely on directives against other individuals - obligation of national courts to interpret and apply national law in a manner which is consistent with wording of directive
39
thelentechnopark
reaffirmed that directives don't have horizontal direct effect
40
what is citizenship by investment
allows investors to gain a citizenship in a country in exchange fro economic investment done by investing into funds, property and businesses
41
what is residency by investment
similar to CIP but grants residency which can lead to citizenship
42
what are the benefits of Citizenship by investment
1. improved quality of life 2. increased freedom no travel restrictions 3. increased financial; stability 4. more access to education opportunities 5. political stability
43
what are disadvantages of citizenship by investment
1. significant costs 2. loss of current citizenship 3. impact on host country (population, demographic shift, job competition, housing market) 4. inequality and burdening
44
what is the rottman case
Austrian citizenship who lost his Austrian nationality through deception and became stateless EU didn't oppose the revocation so long as it went through proportionality test
45
what is the proportionality test
Article 5(4) TEU - not exceed what is necessary to achieve objectives of treaties
46
what are the forms of fundamental rights
1. charter 2. ECHR 4. 'constitutional traditions common to the MS'
47
who is bound when using charter
UNION- bound always MS - bound when implementing union law
48
what is the Schmidgerber case
environmental protestors blocked a highway in Austria. blocked free movement of goods - was allowed because there was a legitimate reason to protect fundamental rights
49
what was the Kadi case
after 9/11, UN adopted resolutions freezing accounts of those linked with Taliban. claim to have it annulled under article 263 for breach pf human rights
50
what is the structure of a legal memo
1- what the legal memo is and what the task is 2- summary of facts and questions asked 3- 1st question IRAC 4-2nd question IRAC 5- conclusion
51
is the EU commission more technocratic or political
article 17 technocratic - highly qualified individuals in different areas. responsible for implementing legislation. political elements - commissioners are appointed by govenremtns of EU member states and the president of the commission is nominated by the European Council which consists of the heads of state of MS. - nomination process is political
52
how to answer an annulment question
1. State that challenging a EU legal act is within article 263. 2. go through parties and state what they are (priv, semi priv, and non-priv) 3. apply to the facts, if it is non then state direct and individual concern. 4. state requirements and apply to th facts 5. overall whether they can bring a claim
53
can you rely on a directive that has not been yet implemented despite the deadline being passed.
THELENTECHNOPARK - only against the MS, not parties. - if it is horizontal and you are not compensated, the state us liable.
54
what are the conditions to hold a member state liable and what case
Brasserie 1. confer rights on individuals 2. breach must be sufficiently serious 3. direct casual link between breach of obligation and damage sustained
55
structure for a 'can you bring a claim'
ANNULMENT article 263 TFEU 1. party type - apply 2. determine whether they can/ further requirements 3. conclusion
56
structure for a can you rely on this directive
- If it is implemented. yes because it is directly applicable ONLY VERTICALLY against MS. - If it isn't implemented- only rely on it against MS and not the individual. - THELEN TECHNOPARK - REMEDY- FRANCOVICH = the state should compensate them if horizontal D.E is not possible due to the MS not implementing it
57
if an individual is unable to obtain redress when rights are infringed by breach of union law, who is liable
francovich - MS
58
what are the grounds for judicial review under article 263
- lack of competence - abuse of powers - infringement of the treaties - infringement of an essential procedural element
59
what is an example of abuse of power and what case
Tobacco products case - where a legal basis is chosen with the main purpose of achieving an objective other than what's stated by that basis.
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Advanced Contract law (21 decks)

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