EU Law

Question 1

What are legally binding legislation in secondary law?

Answer 1

1. Regulations - binding in their entirety
2. Directives - binding to the result to be achieved
3. Decisions - binding on those whom addressed

Question 2

What is the principle of supremacy and principle of conferral?

Answer 2

Principal of supremacy: EU law overrides national legal provision

Principle of conferral: EU can only act within areas of competence designated to it by treaties

Question 3

What is the principle of subsidiarity and principle of proportionality?

Answer 3

Principle of subsidiarity: Member states have the power to deal with all members that fall outside of the EU, unlesss communal action is better approach

Principle of proportionality: EU actions should not exceed what is necessary to achieve aims of treaties

Question 4

What is the difference between direct applicability and direct effect?

Answer 4

Direct applicability: Provision becomes operative in member state immediately without need for national legislature to incorporate it into national law

Direct effect: EU legal order may create rights for individuals that are enforceable before national courts

Question 5

What are vertical direct effects and horizontal direct effects?

Answer 5

Vertical: Rights and obligations provided by EU law can be enforced by individuals against member state

Horizontal: Rights and obligations provided by EU law can be enforced by individuals against other individuals

Question 6

What are the conditions for direct effect?

Answer 6

1. Provision must be clear and unambiguous
2. Must be unconditional
3. Operation must not be depended on further action by EU or national authorities

Question 7

What are the direct effects of treaty articles, regulations and directives?

Answer 7

Treaty articles and regulations: Both horizontal and vertical

Directives: only vertical

Question 8

What are quantitative restrictions and the dassonville formula?

Answer 8

Quantitative restrictions: Are prohibited, any charge on product imported

Dassonville formula: a trading rule capable of hindering trade within EU will be interpreted as qualitative restriction

Question 9

When will quantitative restrictions not be prohibited?

Answer 9

If it can be justified under article 36 (e.g. on grounds or public morality or health)

Question 10

What are three rules to protect competition in EU (Article 101)?

Answer 10

1. Prevent restrictive practices by prohibiting anti-competitive agreements
2. Prevent powerful businesses from abusing their dominant market position
3. Prohibiting mergers that may harm competition

Question 11

What is Article 102?

Answer 11

• Prohibits abuse by one or more undertakings of a dominant position in internal market
• Dominant position requires defining relevant market and whether undertaking has power to prevent competition