EU law - Week 2B

Question 1

How does EU law relate to (public) international law and in particular, a decision of the United Nations Security Council? Which case?

Answer 1

1. Primary ( EU Constitutional Law) TEU, TFEU, Euratom, Charter
   
   1. SECURITY COUNCIL resolutions AND the UN Charter, they have primacy above resolutions, but not against the CHARTER (and charter right was violated). ECJ said UN security prevails of it’s with the act of institutions but not the CHARTER. 306-308 (216 (2) TFEU) old 307 EC
2. EU secondary law Acts of Union, institutions
3. Tertiary law (implementing acts of the commission and the member states)

Question 2

What is, according to the Court of Justice of the European Union, the scope of the principle of “effective judicial protection” in the context of the fight against terrorism? Include in your answer the relevant case law of the CJEU prescribed for this week.

Answer 2

• Kadi 336 - in Addition, having regard to the courts case in other case it must be held that effectiveness of judicial review means that the authority should communicate why the person was put on the sanctions list in order to let them prepare for the case and enforce their rights.
• Kadi 342- 344 the fact that it relates to terrorism does not change anything. Scope also applies in the fight of terrorism. People still need to be informed as much and as fast as possible.

Question 3

Since World War 2, European States have been a party to various human rights treaties, including the European Convention on Human Rights. What then is the added value of the Charter of Fundamental Rights of the European Union? Again, include in your answer the relevant case law of the CJEU prescribed for this week.

Answer 3

• Digital Rights Ireland case: It is a victory for grassroots civil liberties organisations and citizen movements. This is about Irish govt. Shows limitations about HR (not enough of them)
• Akerberg Fransson: Swedish authorities
  
  • Charter applies to Union Institutions as well as member states when they apply EU law.
  • Did the case concern EU law? If yes, then he could not be tried twice because of the Charter. It was a yes because it was about VAT.

Question 4

Under which provision does the Court of Justice have jurisdiction to declare the Union’s draft treaty for accession to the ECHR incompatible with Union law? And, why has the Court in fact done so?

Answer 4

• 218 (11) of the TFEU
  
  • If the court has come with a weird opinion, the treaties have to be revised and then the opinion changed.
• In Opinion 2/13 the Court gave a controversial interpretation of the ‘specific characteristics’ and the autonomy of the EU. ECJ should be the only court hearing cases of the MS and if you have this treaty then MS can then submit something to the ECHR which is not wanted.
• Overarching reason 164-177

Question 5

What is your opinion about the (controversial) Court’s judgment in the Bauer case?

Answer 5

→ Charter can have HDE (can be invoked for the MS and EU institutions AND for individuals- can have horizontal direct effect, have obligations for private individuals even if “private individuals” are not mentioned in the article.)

Question 6

Explain the relationship between the Charter and ECHR right

Answer 6

They have the same legal meaning and shall not prevent the Union Court to ensure protection. So ECJ should follow ECHR interpretation but could go further. Prevent embarrassment of the two courts having different decisions for the same case.