EU Law Flashcards
Vertical direct effect
Obligations by EU law that can be enforced by individuals towards the member state
Horizontal direct effect
Obligations by EU law that allows rights to be enforced by individuals/companies towards other individuals or companies
European Council
- Formed by heads of EU countries governments
- Define the EU’s priorities and political direction
Article 101
Prohibits agreements between companies which prevent, restrict or distort competition in the EU
Free movement of workers
A worker (employee) for an EU country is allowed to have residence and working permit in EU states
Courts of justice (3)
- European court of Justice
- General court (first instance)
- European civil service tribunal
They are the only bodies allow to interpret EU laws & say that secondary legislation is not valid
EU council
- Composed by the ministers of each EU country
- Hand-in-hand with EU parliament, they accept/decline proposals from the European commission (budget & legislation)
EURATOM treaty
The specialist market for atomic energy
–> Treaty of Rome (1957)
Statutory product liability
- Gives consumers alternative of action of negligence
- Is concerned with a product’s safety
ECSC treaty
–> place & date
There is a common market for coal & steel products. Strong production would mean that a country is gearing up.
–> Treaty of Paris (1951)
European Parliament
Together with the EU council, they decide if laws go through or not.
It keeps an eye on the EU budget
Freedom to provide services
Any individual has the freedom of providing services in a different member state temporarily
Direct applicability
Provision is applicable in a member state without the need of incorporation to national law
*(EU law covers the details of the case and is therefore sufficient without the need of national law)
Treaty of Lisbon
–> Date?
- EU was going too fast for some countries that felt like they lost sovereignty
- EU became a separate legal entity
- European Community disappears
- The European Parliament has more power concerning budget supervision & legislative power.
- 2007, Implemented in 2009
Direct effect
EU legal order may give individual rights enforceable before the national court
*(EU law does not cover the case in detail; Case is handled by the national court)
Free movement of goods
- Internal barriers are removed
- Prohibition of Quotas (quantitative restrict) unless for public health purposes
European Commission
- 1 commissioner per state/country
- Makes sure policies are implemented
- Can negotiate on behalf of the EU
- Proposes the budget & legislations to EU council & European Parliament
Freedom of establishment
The right for someone to set up a business in a member state and be treated equally as to nationals
European Union
–> initial members
- Belgium
- Germany
- France
- Luxembourg
- Italy
- the Netherlands
Article 102
It prohibits the abuse of one or more undertakings of a dominant position in the internal market
Dominance requirements (2) --> Article 102
- Define market
2. Specified % share
Abuse requirements (4) --> Article 102
- Unfair sales/purchase prices
- Limiting production
- Different conditions to the same transaction
- Tying - Additional obligations
Principle of proportionality
To achieve its aims, the EU will only take the action it needs to and no more.
EU competition law
- Applicable to?
- Applicable to EU incorporated firms and whoever trades in the EU that could distort the market
EU competition prevention rules (3)
- Article 101: Prevent restrictive parties by prohibiting anti-competitive agreements
- Article 102: Prevent businesses from abusing their power
- Prohibit mergers that may harm competition in the EU
Applicability of EU law (2)
- Direct applicability
- Direct effect
- -> 2.1 Vertical direct effect
- -> 2.2 Horizontal direct effect
Merger regulation
EU tests if the merger would significantly impede competition strengthening their dominance
European Union Institutions (5)
- EU Council
- European Council
- European Commission
- European Parliament
- Court of Justice
Principle of supremacy
- EU law overrides national legal provisions in areas where it has provisions
- If national & EU law has a conflict, the parliament has to get rid of it
Principle of conferral
- EU can only act in sovereignty in matters discussed in treaties. Otherwise, member states have the power to deal with it themselves
4 principles of EU and national law
Principles of:
- Conferral
- Supremacy
- Subsidiarity
- Proportionality
Principle of subsidiarity
- Criminal law, inheritance & intellectual property have nothing to do with the EU
- Member states have their sovereignty UNLESS communal action is a better approach & more effective.
EC treaty
–> Place & date?
Sets up the European Community (EC). Economic & legal integration of member states
–> Treaty of Rome (1957)
