European Union Law

Question 1

There are two types of secondary law

Answer 1

1. PERSUASIVE
   - Recommendations
   - Opinions
2. LEGALLY BINDING
   - Regulations
   - Directives
   - Decisions

Question 2

Regulations

Answer 2

Are binding in their ENTIRETY and are DIRECTLY APPLICABLE in all Member States.

Question 3

Directives

Answer 3

Binding as to the RESULT TO BE ACHIEVED. National authorities are responsible for transposing them into national law.

Through directives, a harmonization of European Union Law is achieved.

Question 4

Decisions

Answer 4

Are binding only on those to WHOM THEY ARE ADDRESSED.

The are particularly relevant to competition law, as they are often directed towards companies.

Question 5

General Principles

Answer 5

Legal principles from treaties or individual Member States become legal principles for the whole EU

Question 6

Case law

Answer 6

European Court of Justice gives preliminary rulings and hears actions brought against other Member States and EU institutions.

Question 7

Principle of Supremacy

Answer 7

EU law OVERRIDES national legal provisions

Question 8

Principle of Conferral

Answer 8

But the EU can only act, and is only sovereign, WITHIN the areas of competence designated to it by the Treaties. Member States have the power to deal with all matters that fall outside the exclusive competence of the EU.

Question 9

Principle of Subsidiarity

Answer 9

Member States have the power to deal with all matters that fall outside the exclusive competence of the EU,
UNLESS COMMUNAL ACTION is a BETTER APPROACH because it is more effective than action taken at national, regional or local level.

Question 10

Principle of Proportionality

Answer 10

EU action SHOULD NOT EXCEED what is necessary to achieve the aims of the Treaties.

Question 11

Direct applicability

Answer 11

A provision becomes operative in a Member State immediately without the need for the national legislature to pass implementing legislation to incorporate it into national law

Question 12

Direct effect

Answer 12

The EU legal order may create rights for individuals that are enforceable before national courts of the member states.

Question 13

Vertical direct effect

Answer 13

Rights and obligations provided by EU law can be enforced by individuals AGAINST the (member) STATE.

Question 14

Horizontal direct effect

Answer 14

Rights and obligations provided by EU law can be enforced by individuals AGAINST OTHER INDIVIDUALS.

Question 15

Conditions for direct effect to apply set down in

the Van Gend case 1963:

Answer 15

• The provision must be CLEAR and UNAMBIGUOUS
• It must be UNCONDITIONAL
• Its operation must NOT BE DEPENDENT on further action being taken by the EU or national authorities

Question 16

Common market

Answer 16

Internal or single market

Question 17

The Basic Freedoms

Answer 17

• Free movement of goods
• Free movement of workers/people
• Free movement of services
• Free movement of capital