EU Law

Question 1

Vertical direct effect

Answer 1

Obligations by EU law that can be enforced by individuals towards the member state

Question 2

Horizontal direct effect

Answer 2

Obligations by EU law that allows rights to be enforced by individuals/companies towards other individuals or companies

Question 3

European Council

Answer 3

• Formed by heads of EU countries governments

- Define the EU’s priorities and political direction

Question 4

Article 101

Answer 4

Prohibits agreements between companies which prevent, restrict or distort competition in the EU

Question 5

Free movement of workers

Answer 5

A worker (employee) for an EU country is allowed to have residence and working permit in EU states

Question 6

Courts of justice (3)

Answer 6

1. European court of Justice
2. General court (first instance)
3. European civil service tribunal

They are the only bodies allow to interpret EU laws & say that secondary legislation is not valid

Question 7

EU council

Answer 7

• Composed by the ministers of each EU country

- Hand-in-hand with EU parliament, they accept/decline proposals from the European commission (budget & legislation)

Question 8

EURATOM treaty

Answer 8

The specialist market for atomic energy

–> Treaty of Rome (1957)

Question 9

Statutory product liability

Answer 9

• Gives consumers alternative of action of negligence

- Is concerned with a product’s safety

Question 10

ECSC treaty

–> place & date

Answer 10

There is a common market for coal & steel products. Strong production would mean that a country is gearing up.
–> Treaty of Paris (1951)

Question 11

European Parliament

Answer 11

Together with the EU council, they decide if laws go through or not.
It keeps an eye on the EU budget

Question 12

Freedom to provide services

Answer 12

Any individual has the freedom of providing services in a different member state temporarily

Question 13

Direct applicability

Answer 13

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)

Question 14

Treaty of Lisbon

–> Date?

Answer 14

• 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

Question 15

Direct effect

Answer 15

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)

Question 16

Free movement of goods

Answer 16

• Internal barriers are removed

- Prohibition of Quotas (quantitative restrict) unless for public health purposes

Question 17

European Commission

Answer 17

• 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

Question 18

Freedom of establishment

Answer 18

The right for someone to set up a business in a member state and be treated equally as to nationals

Question 19

European Union

–> initial members

Answer 19

1. Belgium
2. Germany
3. France
4. Luxembourg
5. Italy
6. the Netherlands

Question 20

Article 102

Answer 20

It prohibits the abuse of one or more undertakings of a dominant position in the internal market

Question 21

Dominance requirements (2)
--> Article 102

Answer 21

1. Define market

2. Specified % share

Question 22

Abuse requirements (4)
--> Article 102

Answer 22

1. Unfair sales/purchase prices
2. Limiting production
3. Different conditions to the same transaction
4. Tying - Additional obligations

Question 23

Principle of proportionality

Answer 23

To achieve its aims, the EU will only take the action it needs to and no more.

Question 24

EU competition law

- Applicable to?

Answer 24

• Applicable to EU incorporated firms and whoever trades in the EU that could distort the market

Question 25

EU competition prevention rules (3)

Answer 25

1. Article 101: Prevent restrictive parties by prohibiting anti-competitive agreements
2. Article 102: Prevent businesses from abusing their power
3. Prohibit mergers that may harm competition in the EU

Question 26

Applicability of EU law (2)

Answer 26

1. Direct applicability
2. Direct effect
   - -> 2.1 Vertical direct effect
   - -> 2.2 Horizontal direct effect

Question 27

Merger regulation

Answer 27

EU tests if the merger would significantly impede competition strengthening their dominance

Question 28

European Union Institutions (5)

Answer 28

1. EU Council
2. European Council
3. European Commission
4. European Parliament
5. Court of Justice

Question 29

Principle of supremacy

Answer 29

• 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

Question 30

Principle of conferral

Answer 30

• EU can only act in sovereignty in matters discussed in treaties. Otherwise, member states have the power to deal with it themselves

Question 31

4 principles of EU and national law

Answer 31

Principles of:

1. Conferral
2. Supremacy
3. Subsidiarity
4. Proportionality

Question 32

Principle of subsidiarity

Answer 32

• 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.

Question 33

EC treaty

–> Place & date?

Answer 33

Sets up the European Community (EC). Economic & legal integration of member states
–> Treaty of Rome (1957)