EU development, history and judicial review Flashcards
what is the difference between a regulation and a directive?
- regulations are binding by direct effect in its entirety and are directly applicable (if sufficiently clear and unconditional)
- a directive is binding if that is to be achieved, however not directly applicable - requires to be implemented by legislation in the UK before a deadline, some may have direct effect (e.g. van duyn) although only against the state, not another individual
does a treaty have direct effect?
yes - sets out rules and objectives
3 steps to free market?
- free trade area (no internal tariffs but can set own with other countries)
- customs union (abolish internal tariffs and set common tariff for outside world - still individual rules on other things e.g. product standards)
- free market (shared rules on the 4 freedoms, with no obstacles - as if one single country market)
when considering proportionality, what is important?
does the measure persue a legitmate aim? is measure suitable to achieve objective? is it neccessary? have less restrictive measures been considered? does it outweigh the loss of the freedom?
van gend en loos v netherlands:
first case where it was held a treaty had direct effect, and an individual could bring an action upon the state - abolition of customs duties upheld for free movement of goods
importance of article 267 TFEU?
gives the CJEU jurisdiction over preliminary rulings on the validity and interpretation of EU Law - its primary purpose is to ensure EU law has the same meaning and effect in all states
importance of the CJEU? (4)
- it has an interpretative role (comparable to national courts role of application)
- its decisions are binding on national courts of MS
- it can instruct national courts to disregard existing law if it conflicts
- it can only rule on EU law and not on areas outside its competence
