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eu Flashcards

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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
Q

what is Ferreira da silva

A

compliance to make preliminary reference and if not pay compensation

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26
Q

commission v France case?

A

failed to fulfil its obligations under 267

27
Q

what was van gend en loos

A

established the principle of direct effect meaning that MS and individuals and invoke the EU law.

28
Q

difference between monist and dualist

A

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
Q

what article states the MS obligation to cooperate with the union in carrying out tasks which flow from the treaties

A

Article 4(3) TEU

30
Q

costa v enel

A

principle of supremacy
- primacy of EU law over national law -> EU law is directly applicable in each member states legal system

31
Q

Handelsgesellschaft case

A

EU law prevails of MS constitutions

32
Q

Simmenthal case

A

MS disapply national provisions that conflict.

33
Q

what is direct effect

A

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
Q

Vertical vs horizontal direct effect

A

vertical - individual vs MS (ability to invoke EU law)
horizontal - Individual vs Individual (ability to invoke EU against each other) includes private companies

35
Q

do TREATY provisions have direct effect V+H

A

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
Q

do Regulations have direct effect V+H

A

YES van gend en loos criteria of clear, precise and unconditional

37
Q

do directives have direct effect V+H

A

ONLY VERTICAL.
directives can only apply against the state. can not invoke against another individual.

38
Q

what is indirect effect

A

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
Q

thelentechnopark

A

reaffirmed that directives don’t have horizontal direct effect

40
Q

what is citizenship by investment

A

allows investors to gain a citizenship in a country in exchange fro economic investment

done by investing into funds, property and businesses

41
Q

what is residency by investment

A

similar to CIP but grants residency which can lead to citizenship

42
Q

what are the benefits of Citizenship by investment

A
  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
Q

what are disadvantages of citizenship by investment

A
  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
Q

what is the rottman case

A

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
Q

what is the proportionality test

A

Article 5(4) TEU
- not exceed what is necessary to achieve objectives of treaties

46
Q

what are the forms of fundamental rights

A
  1. charter
  2. ECHR
  3. ‘constitutional traditions common to the MS’
47
Q

who is bound when using charter

A

UNION- bound always
MS - bound when implementing union law

48
Q

what is the Schmidgerber case

A

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
Q

what was the Kadi case

A

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
Q

what is the structure of a legal memo

A

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
Q

is the EU commission more technocratic or political

A

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
Q

how to answer an annulment question

A
  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
Q

can you rely on a directive that has not been yet implemented despite the deadline being passed.

A

THELENTECHNOPARK
- only against the MS, not parties.
- if it is horizontal and you are not compensated, the state us liable.

54
Q

what are the conditions to hold a member state liable and what case

A

Brasserie
1. confer rights on individuals
2. breach must be sufficiently serious
3. direct casual link between breach of obligation and damage sustained

55
Q

structure for a ‘can you bring a claim’

A

ANNULMENT
article 263 TFEU
1. party type
- apply
2. determine whether they can/ further requirements
3. conclusion

56
Q

structure for a can you rely on this directive

A
  • 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
Q

if an individual is unable to obtain redress when rights are infringed by breach of union law, who is liable

A

francovich - MS

58
Q

what are the grounds for judicial review under article 263

A
  • lack of competence
  • abuse of powers
  • infringement of the treaties
  • infringement of an essential procedural element
59
Q

what is an example of abuse of power and what case

A

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.

60
Q
A
61
Q
A
62
Q
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63
Q
A

Advanced Contract law (21 decks)

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