European Law Flashcards
What are the organs of the EU?
1) European Parliament: representatives of all member states
2) European Council: state leaders
3) Council of the European Union: national ministers
4) European Commission: administration body of the EU
5) Court of Justice of the European Union
6) European Central Bank
7) Cour of Auditors
Which is the decisive Article for the EU in the German Basic Law?
Article 23 GG, often referred to as the “integration clause,” outlines Germany’s commitment to the European Union and provides the constitutional basis for Germany’s participation in the EU. It implies the supremacy of EU law over German law and sets the framework for Germany’s cooperation and integration within the EU
What is EU primary law?
1) Treaties, highlighting the 2 constitutional treaties (TEU and TFEU)
2) Charter of Fundamental Rights
3) General principles of law
4) Customary law
What is EU secondary law?
1) Regulations
2) Directives
3) Decisions
4) Recommendations and Opinions
What consequence does a regulation have?
A regulation is addressed to the Union institutions, the Member States and the citizens of the Union. They have direct application and general primacy over domestic law.
What consequence does a directive have?
A directive is addressed to the Member States. A directive has a two-stage procedure: 1.) It is adopted by the Union 2.) it is implemented by the Member States within a time frame. It is a guideline and the Member Staes decide how to implement it.
Which judgment states the establishment of EU law as a separate legal system?
Van Gend & Los, 1963
Which judgment sates the primacy of EU law regarding national law?
Costa & ENEL, 1965
What if EU Law and national law conflict?
EU law has primacy but does not erase national law. National law continues to exist, just is not applied if there is conflicting EU law. There is a primary application of EU law (Anwendungsvorrang), without resulting in invalidity or existing national norms
What is the content of the Solange I and Solange II Decisions?
Bothe decisions concern the relationship between EU law and German law regarding fundamental rights. In Solange I the German Constitutional Court said that as long as the EU does not provide an adequate protection of the fundamental rights, as the GG does, they will prefer the GG.
In Solange II the German Constitutional Court said that as long as EU law offers standard equivalent to the GG, EU law takes precedence.
Does EU law always prevail?
The constitutional identity has to be respected. EU law cannot adapt or infringe national constitutional law
