EU Law - Slides 2 Flashcards
How is the EUCJ called in regard to the internal market?
The “motor” of integration.
What is the “acquis communitaire” the EUCJ has created?
Court has created the “acquis communitaire”, the acquisition, the wide array of principles and integrating mechanisms between institutions and member states. The court has made a significant contribution to harmonization and creation of true internal market.
What are the three actions?
Annulment actions
Infringement actions
Preliminary rulings
Annulment actions are legal proceedings initiated before the European Court of Justice (ECJ) by individuals, companies, or member states challenging the legality of EU acts, such as regulations, directives, or decisions issued by EU institutions. The purpose is to have the ECJ declare an EU act null and void if it is found to be unlawful or to exceed the powers granted to the institution that adopted it.
Infringement actions are initiated by the European Commission against a member state of the EU. These actions occur when the Commission believes that a member state has failed to fulfill its obligations under EU law. The goal is to ensure uniform application of EU law across all member states. If the ECJ finds the member state in breach, it can order corrective measures and impose financial penalties if necessary.
Preliminary rulings allow national courts of EU member states to seek guidance from the ECJ on the interpretation of EU law or the validity of EU acts. When a national court faces a legal question involving EU law that requires clarification, it can refer the question to the ECJ for a binding interpretation. This ensures consistent interpretation and application of EU law across all member states’ national courts.
Does the EUCJ have jurisdiction over CFSP decisions?
Exclusion: The ECJ does not have jurisdiction over CFSP decisions and actions that are related to the content of Union decisions or actions on the international stage.
Review: However, the ECJ may review CFSP-related actions and decisions regarding the legality of their implementation, ensuring that they comply with EU law, including fundamental rights and general principles of EU law.
What is the judicial competence of the EUCJ? (5)
Legal disputes (→ citizen protection?)
Public enforcement of EU acts (Art. 17 TEU + Art. 258 TFEU)
Legal interpretation
Preliminary matters
Advisory role for EU judiciary bodies (the opinions are binding)
What three courts belong to the “Court of Justice of the European Union”?
Court of Justice
General Court
Specialized Court
What is the job of the Court of Justice of the European Union?
It shall ensure that in the interpretation and application of the Treaties the law is observed.
Art. 19 TEU specifies the courts the EU has but also enshrines an important legal protection. Which?
Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.
Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.
Does that extend to substantive or procedural law?
Both.
When claims are made by Institutions or Member States, does it go to the General Court or the Court of Justice?
How does it differ if made by individuals or companies?
Court of Justice.
It will go to General Courts.
What is carence?
Another word for infringement.
What is the “Acte Claire” doctirne?
Clear and Unambiguous EU Law: The doctrine applies when EU law is considered sufficiently clear and precise that its interpretation is beyond reasonable doubt. This clarity must be evident to the national court dealing with the case.
Exclusion of Preliminary Rulings: In cases where EU law is deemed Acte Clair, national courts may refrain from referring questions to the ECJ for a preliminary ruling on interpretation. This streamlines legal proceedings and avoids unnecessary delays.
Conditions for Application: For the Acte Clair doctrine to apply, three main conditions must typically be met:
The relevant EU legal provision must be clear and precise.
The interpretation of EU law must not admit of any reasonable doubt.
The clarity of EU law must be such that it can be applied directly by the national court without further clarification from the ECJ.
Why are preliminary rulings important in the development of the EU Law?
Paramount in the development of EU law
More than 2/3 cases of the ECJ in 2017!
Harmonisation of EU law
Provision for preliminary rulings
Art. 267
Art. 267 - in what cases can preliminary rulings be made?
The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
(a) the interpretation of the Treaties;
(b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon.
Art. 267 requires a question to be raised before “any court or tribunal” of a Member State. What are the three requirements to fall under this definition?
1) Public body
2) adversarial procedure required (two opposite parties)
3) body has the power to determine the final say over that adversarial. + permanent nature, rules of law.
A disciplinary body of a bar association, is it considered a tribunal or court under the EU law?
Yes.
Do preliminary rulings aim to solve a dispute?
No, preliminary rulings do not aim at solving the dispute → they aim at giving national judges the correct tools in order to solve the dispute autonomously.
What are the three main questions from national judges addressed to EUCJ?
Interpretation and applicability of EU law? → interpretative matter
Is EU law against the relevant national provision? → interpretative matter How must this provision be interpreted? One of the possible interpretations is in contrast with EU law. Set aside, if conflicting.
Is EU law valid and applicable? → validity matter = Secondary law vis-à-vis primary law (treaties).
Under what two conditions can the EUCJ reject jurisdiction on preliminary rulings?
1) Act Claire Doctrine.
2) Already decided on the same subject matter or constant jurisprudence (the request was only made to delay the proceedings).
What kind of a case is required for a preliminary ruling?
Genuine disputes. Case law EUCJ. The court have to have to rule or request. It has always insisted to reserve preliminary ruling on disputes. Required a genuine dispute, not a hypothetical question. Interpretation is binding like advisory opinion but requires an actual dispute.
Preliminary rulings are “pending original dispute.” What is the real name?
Incidenter proceeding
What are the main functions of preliminary rulings? (3)
(Consistent) interpretation and applicability of EU law
Compatibility and consistency of national law vis-à-vis EU law
Individual protection (Van Gend en Loos)
Does a preliminary ruling invalidate national law?
No.
What are the two actions that can result from a preliminary ruling?
What result can it have on other claimants?
National court can either invalidate the law (question of validity).
Commission can start infringement procedure.
It can open the floodgates to other claimants.
What happens to the original proceeding in the member state during a preliminary ruling?
The national proceedings are suspended by the national court.
What three types of judgements can the EUCJ in preliminary rulings have?
Interpretative judgement (Binding for the referencing judge + other judges and administrations (but further reference admissible). Interpretation becomes binding to all judicial institutions in the EU territory
Validity judgement (limited to the case at hand)
Invalidity judgement (same effect as annulment)
Where do we find the legal basis for public enforcement of EU law?
Art. 17 TEU + 258 TFEU (Infringement)
How can a failure to comply with EU law take place?
Through an action or omission. Omission is the most common case.
Must be complied with in a substantial manner.
How does infringement process work? What’s the legal basis?
Article 258 TFEU
If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union.
