Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

eu law > everything > Flashcards

everything Flashcards

1
Q

What is an Action for Annulment?

A

A legal process where an EU act can be challenged for its legality before the Court of Justice of the European Union (CJEU).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who are Privileged Applicants?

A

Entities like Member States, European Parliament, Council, and Commission who have automatic standing to bring annulment actions without proving individual concern.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who are Non-Privileged Applicants?

A

Individuals or companies that must prove they are directly and individually concerned by the EU act to bring an annulment action.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the Plaumann Doctrine?

A

Establishes that an individual is individually concerned only if they are part of a closed group affected by an EU act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is Direct Concern?

A

When an EU act directly affects an individual’s legal position without needing further implementation measures.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a Regulatory Act?

A

A non-legislative act of general application which does not require implementing measures.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does Article 263 TFEU provide?

A

It provides for actions for annulment to challenge EU legal acts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is a Preliminary Reference?

A

A national court asks the CJEU to interpret EU law or decide on the validity of EU acts during ongoing national litigation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is Direct Effect?

A

Allows individuals to directly rely on EU law provisions before national courts if the provisions are clear, precise, and unconditional.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is Indirect Effect?

A

National courts must interpret domestic law in line with EU law where possible.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the Francovich Doctrine?

A

Establishes state liability for failing to transpose or implement an EU directive, provided the directive grants individual rights and the breach caused harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is State Liability?

A

The obligation of a Member State to compensate for damages caused by breaches of EU law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Subsidiarity?

A

EU acts only when objectives cannot be achieved effectively by Member States acting alone.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Proportionality?

A

EU measures must not exceed what is necessary to achieve their aims.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is Exclusive Competence?

A

Areas where only the EU can legislate and adopt binding acts, such as trade or monetary policy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is Shared Competence?

A

Areas where both the EU and Member States can legislate, but EU law takes precedence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are Directly Effective Provisions?

A

EU law provisions that individuals can invoke before courts without requiring national implementation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is an Infringement Procedure?

A

The European Commission initiates proceedings against a Member State for failing to comply with EU law (Article 258 TFEU).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the Charter of Fundamental Rights?

A

A binding document setting out fundamental rights protected under EU law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the CILFIT Criteria?

A

Guidelines for national courts of last instance on when to refer questions to the CJEU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is Conferral?

A

The EU can only act within the limits of the competences conferred upon it by the Member States through the Treaties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is Subsidiarity?

A

The EU acts only when objectives cannot be sufficiently achieved by Member States alone.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is Proportionality?

A

EU measures must not go beyond what is necessary to achieve their objectives.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is Direct Effect?

A

Certain provisions of EU law can be directly invoked by individuals before national courts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is Supremacy of EU Law?

A

EU law overrides conflicting national laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is Legal Certainty?

A

EU laws must be clear and predictable to ensure fairness.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is Equality of Member States?

A

All Member States are equal under the EU legal framework, and none have superior authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What are Legitimate Expectations?

A

Individuals and businesses can rely on consistent application of EU law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is Action for Annulment (Article 263 TFEU)?

A

A procedure to challenge the legality of an EU act before the CJEU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Who can bring an Action for Annulment?

A

Privileged Applicants: Member States, Parliament, Council, and Commission. Semi-Privileged Applicants: Certain EU bodies (e.g., ECB). Non-Privileged Applicants: Individuals and companies, if directly and individually concerned or targeting a regulatory act without implementing measures.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is the time limit for Action for Annulment?

A

Two months from publication or notification of the act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is Action for Failure to Act (Article 265 TFEU)?

A

Allows Member States or institutions to challenge an EU institution’s failure to act when required by the Treaties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Who can bring an Action for Failure to Act?

A

Member States and EU institutions. Individuals, if failure directly affects them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What are the preconditions for Action for Failure to Act?

A

The applicant must formally call on the institution to act before initiating proceedings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the Infringement Procedure (Articles 258–260 TFEU)?

A

Allows the Commission to hold Member States accountable for failing to comply with EU law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What are the stages of the Infringement Procedure?

A

Informal Pre-litigation Stage. Formal Notice. Reasoned Opinion. Referral to the CJEU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are possible sanctions in the Infringement Procedure?

A

Financial penalties for non-compliance, as per Article 260 TFEU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What is the Preliminary Ruling Procedure (Article 267 TFEU)?

A

National courts refer questions to the CJEU to interpret EU law or assess validity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What are the obligations for referral in the Preliminary Ruling Procedure?

A

Courts of last instance must refer questions unless CILFIT criteria apply. Other courts may refer questions if necessary for their judgment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What is Action for Damages (Articles 268 and 340 TFEU)?

A

Individuals or entities can claim compensation for damage caused by EU institutions or their agents.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What are the conditions for success in Action for Damages?

A

Illegal conduct. Direct causal link between the conduct and damage. Actual damage suffered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What are Privileged Applicants?

A

Entities that do not need to prove standing to challenge EU acts (e.g., Member States, EU institutions).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What are Non-Privileged Applicants?

A

Individuals or companies that must show direct and individual concern.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What is the Plaumann Test?

A

Individuals are individually concerned only if they belong to a closed or identifiable group.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What are Regulatory Acts?

A

Non-legislative acts of general application not requiring implementing measures.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What are the CJEU Principles?

A

CILFIT Criteria: Exceptions for courts of last instance to avoid referring questions to the CJEU. These include when the answer is irrelevant, already established, or obvious (acte clair).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What is the Effectiveness of EU Law?

A

EU law must be enforced effectively in all Member States.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What is the Autonomy of EU Law?

A

EU law operates independently from national legal systems.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

What is the Foto-Frost Principle?

A

Only the CJEU can declare an EU act invalid.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

What is Transposition?

A

The process by which Member States implement EU directives into national law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What is Gold-Plating?

A

When Member States exceed the requirements of EU directives during transposition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What is Direct Applicability?

A

Regulations automatically become binding in all Member States without national implementation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

What is Indirect Effect?

A

National courts must interpret domestic law in line with EU directives where possible.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

What is Harmonization?

A

Aligning laws across Member States to ensure consistency in the internal market.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

What is Exclusive Competence?

A

Areas where only the EU can legislate, such as customs union and monetary policy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What is Shared Competence?

A

Areas where both the EU and Member States can legislate, such as the environment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

What is Supporting Competence?

A

The EU can only support or coordinate actions by Member States, such as in health or education.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

What is Competence Creep?

A

The gradual expansion of EU competences beyond those explicitly conferred by the Treaties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

What are Interim Measures?

A

Temporary orders from the CJEU to prevent harm while a case is pending.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

What are Financial Penalties?

A

Fines imposed on Member States for failing to comply with EU law or CJEU judgments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

What is a Reasoned Opinion?

A

Formal step in infringement proceedings where the Commission outlines a Member State’s breach of EU law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

What is the Pre-Litigation Stage?

A

The Commission engages with Member States to resolve compliance issues before taking legal action.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

What is Loyal Cooperation?

A

Member States must actively assist the EU in fulfilling its objectives.

64
Q

What is Acte Clair?

A

When the meaning of EU law is so clear that no referral to the CJEU is necessary.

65
Q

What is Legal Basis?

A

The Treaty article that provides authority for EU action.

66
Q

What is Implementation Deficit?

A

When Member States fail to fully or properly implement EU law.

67
Q

What is Administrative Cooperation?

A

Collaboration between Member States and EU institutions to ensure smooth application of EU law.

68
Q

What is Institutional Balance?

A

EU institutions must respect each other’s roles and competences as defined in the Treaties.

69
Q

What is Mutual Recognition?

A

Products or services lawfully produced or provided in one Member State must generally be accepted in others.

70
Q

What is Horizontal Effect?

A

Some EU law provisions can be enforced between private parties in national courts.

71
Q

What is Vertical Effect?

A

EU law provisions can be enforced against the state or public authorities.

72
Q

What is the Market Access Principle?

A

National measures must not hinder access to the EU market.

73
Q

What is National Procedural Autonomy?

A

Member States are free to set procedural rules for enforcing EU law as long as they comply with the principles of equivalence and effectiveness.

74
Q

What is the Principle of Autonomy?

A

EU law operates as an independent legal order, distinct from international law or national law.

75
Q

What is Equivalence?

A

National rules for enforcing EU law must not be less favorable than those for domestic law.

76
Q

What is Effectiveness?

A

National rules must not make it excessively difficult to enforce EU rights.

77
Q

What is Acte Éclairé?

A

When a question of EU law has already been clarified by the CJEU, there is no need for a preliminary reference.

78
Q

What is the Ordinary Legislative Procedure?

A

The standard process for adopting EU laws, requiring agreement between the European Parliament and the Council.

79
Q

What is the Special Legislative Procedure?

A

A process where either the Parliament or Council has a stronger role, depending on the subject matter.

80
Q

What is the Consent Procedure?

A

The Parliament gives its consent to certain Council decisions without having the power to amend them.

81
Q

What is the Consultation Procedure?

A

The Council adopts legislation after consulting the European Parliament, which has an advisory role.

82
Q

What is Enhanced Cooperation?

A

A mechanism allowing a group of at least nine Member States to advance legislation together when unanimity cannot be reached.

83
Q

What are Delegated Powers?

A

Powers given to the Commission to supplement or amend non-essential aspects of legislative acts.

84
Q

What are Implementing Powers?

A

Powers given to the Commission or Member States to ensure the uniform application of EU law.

85
Q

What is Action for Interim Measures?

A

A request for temporary measures to avoid irreparable harm while a case is pending.

86
Q

What is the Annulment Remedy?

A

A remedy where the CJEU declares an EU act invalid.

87
Q

What is Preclusion?

A

The loss of the ability to challenge an EU act after failing to act within the time limit.

88
Q

What is Judicial Review?

A

The process of examining the legality of an EU act or national measure under EU law.

89
Q

What is Locus Standi?

A

The right of an applicant to bring a case before a court.

90
Q

What is Ex Officio Review?

A

When a court examines compliance with EU law on its own initiative, without being prompted by the parties.

91
Q

What is Primary Law?

A

The foundational treaties of the EU, such as the TEU and TFEU.

92
Q

What is Secondary Law?

A

EU laws derived from the Treaties, including regulations, directives, and decisions.

93
Q

What is Tertiary Law?

A

Acts adopted under delegated or implementing powers, such as delegated and implementing regulations.

94
Q

What is National Liability?

A

A Member State’s liability for failing to enforce EU law properly.

95
Q

What is Pre-Accession Conditionality?

A

Conditions set by the EU for countries seeking membership, ensuring they align with EU standards.

96
Q

What is Compliance Review?

A

The Commission’s process of monitoring Member States’ adherence to EU law.

97
Q

What is Systemic Infringement?

A

Widespread or recurring breaches of EU law by a Member State.

98
Q

What is Comitology?

A

Procedures by which the Commission works with Member States to implement EU legislation.

99
Q

What are Delegated Committees?

A

Groups advising the Commission on delegated and implementing acts.

100
Q

What is Better Regulation?

A

An EU initiative aimed at simplifying legislation and reducing regulatory burdens.

101
Q

What is Provisional Application?

A

Temporary implementation of an international agreement while awaiting formal ratification.

102
Q

What is Impact Assessment?

A

A tool used to evaluate the potential effects of proposed EU legislation.

103
Q

What is Economic Convergence?

A

The process of aligning Member States’ economic policies with EU standards, especially for eurozone entry.

104
Q

What is the Eurogroup?

A

Informal meetings of finance ministers from eurozone countries.

105
Q

What is the Single Supervisory Mechanism (SSM)?

A

A system for supervising eurozone banks under the European Central Bank.

106
Q

What is Delegation of Sovereignty?

A

When Member States transfer certain powers to the EU.

107
Q

What is Soft Power?

A

The EU’s ability to influence Member States and non-EU countries through non-coercive means.

108
Q

What is Soft Enforcement?

A

Non-binding mechanisms like recommendations and peer pressure to ensure compliance.

109
Q

What is Cross-Border Cooperation?

A

Collaboration between Member States on shared issues like crime or environmental protection.

110
Q

What is Citizens’ Initiative?

A

A mechanism allowing EU citizens to propose new legislation if they gather sufficient signatures.

111
Q

What is Subsistence Allowance?

A

Financial support offered to individuals in some EU programs to cover basic living costs.

112
Q

What is the Rule of Law Mechanism?

A

A tool used to ensure Member States respect democratic principles and EU values.

113
Q

What is the Principle of Institutional Autonomy?

A

EU institutions are free to decide how to organize their internal processes, provided they comply with the Treaties.

114
Q

What is Delegated Authority?

A

The delegation of specific, non-legislative powers to the Commission to adopt binding measures under Article 290 TFEU.

115
Q

What is Implementing Authority?

A

The power to ensure uniform implementation of EU law, granted to the Commission or Member States under Article 291 TFEU.

116
Q

What is Excessive Formalism?

A

When procedural rules are applied so strictly that they undermine substantive justice.

117
Q

What is the Non-Discrimination Principle?

A

EU law prohibits discrimination based on nationality or other factors within its scope of application.

118
Q

What are Harmonized Standards?

A

Common technical or procedural requirements established across the EU to ensure consistency.

119
Q

What is Corrective Action?

A

Measures taken by the EU or a Member State to address violations or deficiencies in applying EU law.

120
Q

What is a Closed Group in the context of Standing?

A

A fixed or determinable group of individuals who are individually affected by an EU act.

121
Q

What is General Application?

A

An EU measure that applies to all individuals or entities within its scope, as opposed to specific addressees.

122
Q

What is Individual Concern?

A

The requirement that a non-privileged applicant must prove they are uniquely affected by an EU act.

123
Q

What are Regulatory Acts without Implementing Measures?

A

A subset of acts under Article 263(4) TFEU that can be challenged without proving individual concern.

124
Q

What are Hybrid Acts?

A

Acts that combine elements of legislative and non-legislative procedures.

125
Q

What are Non-Binding Instruments?

A

EU measures like recommendations or opinions that guide Member States without legal enforcement.

126
Q

What is an Amendment Directive?

A

A directive that modifies existing legislation while leaving other parts intact.

127
Q

What is Framework Legislation?

A

An EU legislative act providing general principles or guidelines, leaving specific implementation to secondary measures.

128
Q

What is a Sunset Clause?

A

A provision in EU legislation setting an automatic expiration date unless renewed.

129
Q

What is Legal Certainty in Procedures?

A

The principle that individuals and entities must be able to foresee the legal consequences of EU acts.

130
Q

What is the Right to Be Heard?

A

The procedural right of parties affected by EU measures to present their views before a decision is taken.

131
Q

What is Action for Declaratory Judgment?

A

A legal action seeking a court’s declaration on the legality or interpretation of a measure without requiring annulment.

132
Q

What is Joinder of Cases?

A

When the CJEU combines multiple related cases into a single proceeding for efficiency.

133
Q

What is Intervention in Proceedings?

A

When a third party with an interest in the outcome joins a case before the CJEU.

134
Q

What is Suspensory Effect?

A

A temporary halt to the application of a challenged act until the court rules on its validity.

135
Q

What is Burden of Proof?

A

The obligation to provide evidence supporting claims in EU judicial proceedings.

136
Q

What is an Invalidity Declaration?

A

A ruling by the CJEU that renders an EU act void and unenforceable.

137
Q

What is Uniform Interpretation?

A

The requirement that EU law is applied consistently across all Member States.

138
Q

What is Teleological Interpretation?

A

Interpreting EU law based on its objectives rather than its literal wording.

139
Q

What is Dynamic Interpretation?

A

Adapting the meaning of EU law to evolving social, economic, or technological contexts.

140
Q

What is Literal Interpretation?

A

Interpreting EU law strictly according to the plain meaning of its text.

141
Q

What is Systemic Interpretation?

A

Interpreting EU law in a way that ensures consistency with the overall legal framework.

142
Q

What are Monitoring Obligations?

A

Member States’ duty to ensure compliance with EU obligations within their jurisdiction.

143
Q

What is Voluntary Compliance?

A

Encouraging Member States to correct breaches of EU law before initiating infringement proceedings.

144
Q

What is Continuous Breach?

A

A situation where a Member State persistently fails to comply with EU obligations.

145
Q

What are Directive Implementation Deadlines?

A

Fixed dates by which Member States must transpose EU directives into national law.

146
Q

What is Post-Legislative Scrutiny?

A

Evaluation of how EU laws are implemented and their effectiveness after adoption.

147
Q

What is the Right to Effective Remedy?

A

Individuals must have access to courts to challenge violations of their EU rights.

148
Q

What is the Right to Good Administration?

A

EU institutions must act impartially, fairly, and within a reasonable time.

149
Q

What is the Principle of Solidarity?

A

Member States and EU institutions must cooperate to address shared challenges.

150
Q

What is the Principle of Non-Retroactivity?

A

EU laws cannot apply retroactively unless explicitly stated.

151
Q

What is a Default Judgment?

A

A court ruling in favor of one party because the other fails to act or respond.

152
Q

What is an Enforceable Decision?

A

A decision of an EU institution that creates binding obligations.

153
Q

What is a Standstill Clause?

A

A provision preventing Member States from taking measures that could conflict with pending EU legislation.

154
Q

What is a Preliminary Objection?

A

An objection raised at the start of proceedings to dismiss a case on procedural grounds.

155
Q

What is the Standard of Review?

A

The level of scrutiny applied by the CJEU when assessing the validity of EU acts.

156
Q

What is a Notice Period?

A

The time given to Member States or individuals before an EU measure takes effect.

eu law (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions