European Union Law (reversed)

Question 1

Are binding in their entirety and are directly applicable in all Member States.

Answer 1

Regulations

Question 2

Binding as to the result to be achieved. National authorities are responsible for transposing them into national law.

Answer 2

Directives

Question 3

Are binding only on those to whom they are addressed.

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

Answer 3

Decisions

Question 4

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

Answer 4

General Principles

Question 5

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

Answer 5

Case law

Question 6

EU law overrides national legal provisions

Answer 6

Principle of Supremacy

Question 7

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.

Answer 7

Principle of Conferral

Question 8

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.

Answer 8

Principle of Subsidiarity

Question 9

EU action should not exceed what is necessary to achieve the aims of the Treaties.

Answer 9

Principle of Proportionality

Question 10

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

Answer 10

Direct applicability

Question 11

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

Answer 11

Direct effect

Question 12

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

Answer 12

Vertical direct effect

Question 13

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

Answer 13

Horizontal direct effect

Question 14

QUANTITATIVE RESTRICTION on IMPORTS and all measures having equivalent effect shall be PROHIBITED by the Member States.

Answer 14

Free movement of goods: Article 34 TFEU

Question 15

unless the (quantitative) restrictions can be justified on the grounds laid down in this article.

Answer 15

Free movement of goods: Article 36 TFEU

Question 16

A trading rule capable of hindering trade within the EU, whether directly or indirectly, actually or potentially or a measure that has that effect will be interpreted as a quantitative restriction.

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DEFINES quantitative restrictions as all trading rules that might HINDER the trade in an INTERNAL MARKET

Answer 16

Dassonville formula

Question 17

Right of a natural or legal person to set up a permanent base for business in a Member State other than their own.

Answer 17

Freedom of establishment