First 10 Pages

Question 1

What is the European Union?

Answer 1

The EU is a supranational, political and economic union which consists of a number of states in the continent of europe. They are referred to as member states.

Question 2

What is the EU often referred to as?

Answer 2

The EU is often referred to as a Sui Generis (William 2012). (A unique, political and legal entity)

Question 3

How has EU Law developed?

Answer 3

The development of EU law has been gradual, evolving alongside the growth of the European Union itself. Rather than emerging fully formed in the 1950s, EU law has progressed incrementally through treaty amendments, new treaties, the addition of member states, and the transfer of competences from national to supranational level.

Question 4

Why did the world jump to form institutions like the EU

Answer 4

The end of World War II marked a pivotal moment in European history, with the continent reeling from the devastation and atrocities of the conflict, including the Holocaust. This period witnessed a significant shift towards ideas of European integration and internationalism.

Question 5

The two conferences that established a certain committee

Answer 5

Moscow Conference of 1943, Yalta Conference of 1944

Question 6

What is this committee called?

Answer 6

The European Advisory Committee

Question 7

What treaty made signifiant progress to the creation of the EU and what year?

Answer 7

Treaty of Rome 1958

Question 8

This Treaty marked the inception of what?

Answer 8

European Economic Community (EEC)

Question 9

Who were the original members of teh EEC

Answer 9

Belgium, France, West Germany, Luxembourg, Italy, The Netherlands

Question 10

In what years did the EEC expand and how many members were added in instalments?

Answer 10

Between 1973-2013, 22 members

Question 11

What members joined at the beginning and in what year?

Answer 11

Denmark, Ireland, Uk 1973

Question 12

What was the intention of the Treaty of Rome?

Answer 12

A pivotal aspect of the Treaty of Rome was the creation of a customs union among its member states. For those unfamiliar with international trade law, a customs union entails preferential trade arrangements within the union, wherein the union collectively manages external trade agreements. This results in lower trade barriers within the union compared to external trade partners

Question 13

What a significant milestone for European integration in the 80’s (give and exact date)

Answer 13

Signing of the Schengen Agreement

Question 14

The aim of this agreement?

Answer 14

This agreement aimed to facilitate the free movement of people within a designated area known as the Schengen Zone, eliminating border checks and passport controls among member states. This initiative was crucial in solidifying the principle of free movement within the European Economic Community and laying the groundwork for the Single Market.

Question 15

What treaty was signed in the 90s?

Answer 15

Maastricht Treaty, 1992 was signed and came into force in 1993

Question 16

What was its aim?

Answer 16

established the European Union, replacing the Buropean Economic Community. It aimed to expand the EU’s regulatory competences and territorial reach. Plans for enlargement included Cyprus and Malta, as well as several newly established post-Soviet states in Eastern Europe, such as Poland, Lithuania, Romania, and Ukraine.

Question 17

What did the Maastricht Treaty do?

Answer 17

It formally established the European Union, replacing the i Economic Community.

Question 18

What countries were included in the plans of enlargement for the Maastricht Treaty

Answer 18

Plans for enlargement included Cyprus and Malta, as well as several newly established post-Soviet states in Eastern Europe, such as Poland, Lithuania, Romania, and Ukraine.

Question 19

When was the Treaty of Lisbon signed

Answer 19

agreed upon in 2007 and entering into force in 2009,

Question 20

What was the Treaty’s intention?

Answer 20

It merged the EU’s three pillars, created the position of President of the European Council, and allowed for the establishment of a single union with legal personality.

Question 21

What did the Treaty of Lisbon aim to do?

Answer 21

To enhance the functionality and cohesion of the European Union.

Question 22

What countries joined after the Treaty of Lisbon and in what years?

Answer 22

Bulgaria and Romania 2007, Cyprus and Malta in 2008, Slovakia in 2009, Estonia in 2011, Latvia in 2014, and Lithuania in
2015. The Treaty of Lisbon’s reforms played a significant role in shaping the institutional landscape of the European Union and facilitating its expansion

Question 23

What is EU accession?

Answer 23

the formal process through which a state joins the European Union, becoming a full-fledged member state. Fundamentally, this process involves adhering to and becoming a party to the original founding treaties of the European Union, as well as subsequent treaty agreements that have amended these treaties over time.

Question 24

What are the technicalities of joining the EU?

Answer 24

It requires a state to sign onto and comply with the founding treaties.

Question 25

Where is the criteria for EU membership outlined? What year?

Answer 25

Copenhagen Criteria 1993

Question 26

When were these criteria put in place?

Answer 26

Before a period of rapid enlargement

Question 27

What is the first criteria to become and EU member?

Answer 27

Firstly, the state must be considered a “European country.”

Question 28

2nd criteria to join the EU?

Answer 28

The second criterion for EU membership is that the aspiring state must be a democracy.
I
‘This means that it must operate as a democratic state, characterized by free and fair elections. A theocracy, dictatorship, or any form of totalitarian regime is not compatible with EU membership. The requirement for democracy ensures that member states uphold fundamental democratic principles and values.

Question 29

3rd criteria for joining the EU?

Answer 29

Additionally, aspiring member states must have a functioning market economy. While some may view this criterion as imposing capitalist ideology, it aligns with the economic framework of the EU. Joining the EU’s single market necessitates having a market economy, as a command economy would not integrate well within the EU’s economic structure.

Question 30

4th Criteria for joining the EU?

Answer 30

Respect for the rule of law and membership.
undamental human rights is another essential criterion for EU
This requirement underscores the EU’s commitment to upholding legal standards and protecting human rights across its member states

Question 31

Final criteria for joining the EU?

Answer 31

Lastly, aspiring member states must be willing and able to adopt and implement EU law.

Question 32

What is the adoption of EU Law called?

Answer 32

This criterion, sometimes referred to as the “acquis communautaire,” is crucial for ensuring alignment with EU regulations and standards. It is arguably the most significant element of the accession process because meeting the other criteria is often a prerequisite for this aspect.
Essentially, it ensures that member states are committed to integrating into the EU’s legal framework.

Question 33

What happens when the Copenhagen Criteria is met?

Answer 33

This typically involves a period of informal negotiations with existing EU member states.
Following these negotiations, the European Council holds a unanimous vote to initiate the formal
negotiation process.

Question 34

What does the negotiation process focus primarily on?

Answer 34

The negotiation process primarily focuses on the candidate state’s ability to adhere to EU law, known as the acquis communautaire. The acquis communautaire encompasses 35 separate policy
chapters, each of which is subject to extensive negotiation to ensure compliance with the
intricate and detailed framework of EU law.

Question 35

What happens after it is determined the state can comply with EU Law?

Answer 35

a formal accession treaty is drawn up. This treaty outlines the terms and
conditions of the candidate state’s membership in the European Union, including any transitional arrangements or specific commitments required for accession

Question 36

When was the withdrawal process included in the EU treaties?

Answer 36

until the Treaty of Lisbon, which introduced Article 50.

Question 37

What does Article 50(1) state?

Answer 37

Article 50(1) states that any member state may decide to withdraw from the EU in accordance
with its own constitutional requirements. Upon making this decision, the withdrawing state must notify the European Council of its intention.

Question 38

What happens after the EU is notified a member state wants to leave?

Answer 38

The EU then proceeds to negotiate and conclude an
agreement with the withdrawing state, outlining the arrangements for its withdrawal and
considering the framework for its future relationship with the Union.

Question 39

What Article is the agreement negotiated with regards to?

Answer 39

This agreement is
negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European
Union and is concluded on behalf of the Union by the Council, acting by qualified majority, with the consent of the European Parliament.

Question 40

What does Article 50(2) elaborate on?

Answer 40

the negotiation process, emphasizing the importance of reaching a
future relationship agreement with the withdrawing member state. This aims to ensure that the
withdrawal occurs with some form of negotiated agreement, rather than a disorderly exit.

Question 41

What does Article 50(3) specify for?

Answer 41

specifies the timeline for withdrawal, stating that the treaties shall cease to apply to
the withdrawing state from the date of entry into force of the withdrawal agreement or, failing
that, after two years of negotiations. However, this period can be extended unanimously by the
European Council in agreement with the withdrawing member state.

Question 42

What happens to a member state’s representative during a withdrawal process?

Answer 42

during the withdrawal process, the withdrawing member state’s representative in
the European Council or Council des not participate in discussions or decisions concerning it.

Question 43

Describe the transition period of withdrawal from the EU

Answer 43

For a certain
period after withdrawal, there are no immediate changes in how goods and services are
regulated, or in terms of the free movement of people, among other aspects. However, during this
transition period, the withdrawing state no longer has political representation or participation in
the EU’s lawmaking processes

Question 44

Where is the institutional framework of the EU outlined?

Answer 44

Article 14 of the Treaty on European Union

Question 45

What does this article state?

Answer 45

This article states that the EU’s institutions aim to promote its values, advance its objectives,
serve the interests of its citizens and member states, and ensure the consistency, effectiveness,
and continuity of its policies and actions.

Question 46

What EU institutions are listed in article 13?

Answer 46

European Parliament, EU Council, Council of the European Union, The European Commission, The Court of Justice of the European Union, The European Central Bank, The European Court of Auditors

Question 47

What does the European Parliament stand out as?

Answer 47

The European Parliament stands out as the only institution within the European Union that is
directly elected by the citizens of the member states.

Question 48

What is the primary function of the European Parliament?

Answer 48

include holding the European Commission and its President accountable,
which is vital for ensuring democratic legitimacy and accountability within the EU’s political system.

Question 49

Where are the rules and powers of the EU Parliament outlined?

Answer 49

Article 14 of the Treaty on European Union

Question 50

Article 14 key provisions?

Answer 50

The European Parliament exercises legislative and budgetary functions jointly with the
Council.
2. It performs political control and consultation functions as defined in the treaties.
3. The European Parliament elects the President of the European Commission, a significant mechanism for holding the Commission accountable.
4. The composition of the European Parliament is determined by a decision adopted by
unanimity in the European Council, initiated by the European Parliament and with its
consent. This decision respects the principles outlined in the first paragraph of Article 14.
5. Members of the European Parliament are elected for a term of five years through direct, universal suffrage, in free and secret ballots. This ensures representation of citizens without discrimination.
6. The European Parliament elects its President and other officers from among its members.

Question 51

Describe representation in the EU Parliament

Answer 51

‘Representation in the European Parliament is established on a proportional basis, with smaller
member states having fewer seats and larger member states having more. However, there are
minimum and maximum thresholds set by Article 14. The minimum threshold ensures that each member state has at least six members, while the maximum threshold restricts any member state
from having more than 96 seats

Question 52

How is the EU Parliament president elected?

Answer 52

The President of the European Parliament is elected from among the Members of the European
Parliament (MEPs). As outlined in Article 14 of the Treaty on European Union (TEU), the
President serves for half of a parliamentary term, which is typically two and a half years. Since
the parliamentary term is five years, there are two Presidents per term.

Question 53

Describe the EU Parliament President’s role?

Answer 53

The President of the European Parliament serves as the primary representative of the Parliament
in negotiations and discussions with other EU institutions. This includes engagements with the
European Commission, the Council, and other bodies. In these negotiations and conversations,
the President plays a crucial role in advocating for the Parliament’s positions and interests.

Question 54

What does the EU Parliament president have the authority to do?

Answer 54

Additionally, the President of the European Parliament has the authority to approve or give the
green light to documentation on behalf of the Parliament. This responsibility underscores the
President’s role in ensuring the Parliament’s voice is effectively represented in EU decision-making processes.

Question 55

Describe the EU parliaments power over the EU’s budget

Answer 55

This authority reflects the Parliament’s direct
accountability to and election by the citizens of the EU member states. Given that the budget
consists of taxpayer funds contributed by member states, it makes sense for the Parliament, as a
directly elected body, to have substantial influence over financial decisions.

Question 56

Where is the process for adopting and establishing the EU budget outlined?

Answer 56

Article 314 of the Treaty
on the Functioning of the European Union (TFEU).

Question 57

Describe the overview of the pressure of adopting and establishing the EU budget

Answer 57

the Functioning of the European Union (TFEU). Here’s a basic overview of the procedure:
1. The European Commission drafts a provisional EU budget.
2. The provisional budget is sent to both the Council of the European Union and the
European Parliament.
3. The Council adopts a position on the budget and communicates it to the Parliament.
4. The budget undergoes several stages within the Parliament, including review by the
Parliamentary budget committee.
5. If the Parliament agrees to the budget, it is adopted as the official EU budget. However, if
the Parliament rejects it, the process must start anew, with the Commission submitting a
new draft budget along with relevant amendments.

Question 58

The EU Parliament is granted what power from Article 234?

Answer 58

the ability to hold the European Commission to account.
According to this article, if a motion of censure on the activities of the Commission is tabled
before the Parliament,

Question 59

What procedure must be followed if a motion of censure on the activities of the commission is tabled before Parliament?

Answer 59

The Parliament shall not vote on the motion until at least three days after it has been tabled.
2. The vote on the motion of censure must be conducted openly.

If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the component members of the European Parliament, the members of the Commission shall resign as a body.
4. Additionally, the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties carried out in the Commission.
5. The members of the Commission shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the TEU.
6. The term of office of the members appointed to replace them shall expire on the date when the term of office of the resigned Commission members would have expired.

Question 60

What does a motion of censure against the Commission result in?

Answer 60

It results in the resignation of the Commission as a whole. This power underscores the Parliament’s role in ensuring accountability and oversight within the EU institutional framework, making it a crucial and influential actor in European governance

Question 61

What does Article 15 outline?

Answer 61

Article 15 of the Treaty on European Union outlines the powers and functions of the European Council, describing it as one of the key political institutions of the European Union. Essentially, this means that the Council has the authority to direct the policy of the EU, determining the overarching political directions and priorities for the Union’s development.

Question 62

Describe the key aspects of the European Council’s operation

Answer 62

Firstly, it
establishes the composition of the Council and the frequency of its meetings, which occur at least twice every six months. The Council may convene special meetings as necessary, chaired by its president.
Moreover, the European Council is responsible for electing its president, who serves a term of two and a half years, renewable once. The president facilitates the Council’s work, ensures continuity, and fosters cohesion and consensus. They also report to the European Parliament after
each meeting

Question 63

What does the elected president of the European Council have to do ?

Answer 63

the elected president represents the EU exclusively, relinquishing their role as a
representative of their member state. This underscores the EU’s supranational character and the
president’s focus on advancing the Union’s interests.

Question 64

What article describes the role and function of the Council of the European Union?

Answer 64

Article 16 of the Treaty on European Union (TEU) delves into the intricate powers and functions entrusted to the Council of the European Union,

Question 65

Main role of the Council of the EU?

Answer 65

It is pivotal in representing the diverse interests of member states. The Council’s responsibilities encompass a wide array of legislative, budgetary, policy-making, and coordinating functions, each contributing to the overall
governance and decision-making processes of the European Union (EU).

Question 66

Legislative and budgetary function of the Council of the EU?

Answer 66

Together, they work to enact laws, approve budgets, and shape EU policies in various domains, ranging from economic governance to
environmental protection.

Question 67

Policy making and coordination responsabilités of the Council of the EU?

Answer 67

This entails formulating EU
policies, setting strategic objectives, and coordinating actions among member states to achieve
common goals. By engaging in policy debates and negotiations, the Council strives to address
pressing challenges facing the EU, such as migration, security, and economic stability, while
upholding the principles of democracy, solidarity, and subsidiarity.

Question 68

Composition and représentation task of the Council of the EU?

Answer 68

attend Council meetings to participate in
discussions, negotiate agreements, and cast votes on behalf of their governments. The principle
of collective decision-making ensures that each member state has a voice in shaping EU policies
and legislation, regardless of its size or population.

Question 69

Voting mechanism of the Council of the EU?

Answer 69

Decisions within the Council are typically made through a qualified majority voting system,
whereby a specified threshold of member states and population must support a proposal for it to
be approved. However, the treaties allow for variations in the voting procedure, depending on the nature of the decision and its impact on member states’ interests. In certain cases, unanimity may
be required, especially concerning sensitive issues such as taxation, foreign policy, or constitutional matters

Question 70

Describe proportional representation in the Council of the EU.

Answer 70

The Council’s voting system incorporates the principle of proportionality to ensure fair representation and balance among member states. Larger states, with larger populations, hold
more voting weight compared to smaller states, but the system strives to maintain a balance that
respects the sovereignty and equality of all member states. This proportional representation
underscores the EU’s commitment to democratic governance and consensus-building among its diverse membership

Question 71

Policy areas under the Council’s purview?

Answer 71

Employment and social policy
2. Transport

3. Justice
4. Environment
5. Education
6. Economic affairs
7. Competitiveness
8. Agriculture and fisheries
9. Foreign affairs
10. General affairs

Question 72

Describe the presidency of the Council

Answer 72

presidency of the Council rotates among all member states, with each state holding the
position for a six-month term. Consequently, there are two presidents per year. During its
presidency, a member state has the authority to set the policy agenda for the duration of its term.
For instance, if France holds the presidency, it determines the agenda for the six months it is in
control. This includes deciding which policy areas will be prioritized for discussion and action
within the Council. For example, if France choses to focus on justice during its presidency, the
Council’s configuration during that period will revolve around issues of legislative and budgetary
authority pertaining to justice matters.

Question 73

What does the European Court of Justice comprise of ?

Answer 73

The Court of Justice of the European Union (CJEU) comprises several judicial institutions,
including the Court of Justice itself and the General Court. However, it’s crucial to clarify that
the CJEU is not an appels court akin to those found in domestic legal systems

Question 74

Structure of the CJEU

Answer 74

composed of 27 judges, each supported
by 11 Advocates General who assist in the court’s proceedings. These judicial figures play
pivotal roles in ensuring the proper interpretation and application of EU treaties and laws.

Question 75

What does CJEU encompass?

Answer 75

It specifies that the CJEU encompasses the Court of Justice, the General Court, and
potentially other specialized courts within the EU framework. This collective term, “Court of
‚Justice of the European Union,” refers to this array of judicial bodies.

Question 76

Qualities required for the selection of judges and Advocates general.

Answer 76

These
individuals must demonstrate unquestionable independence and meet specific conditions
outlined in Articles 253 and 254 of the Treaty on the Functioning of the European Union
(TFEU). The appointment process involves a consensus among the governments of the member
states.

Question 77

Length of term for a judge and advocate general?

Answer 77

Each judge and Advocate General serves a
term of six years, with the possibility of reappointment upon retirement.

Question 78

What is the jurisdiction of the CJEU?

Answer 78

The Court of Justice of the European Union (CJEU) possesses juridiction to rule on actions
brought by member states, institutions, or natural and legal persons, as stipulated in the treaties.
This broad scope of jurisdiction allows the CJEU to hear cases from a diverse range of
individuals and entities.

Question 79

Role of CJEU

Answer 79

Additionally, the CJEU provides
preliminary rulings upon request from courts or tribunals of member states regarding the
interpretation or validity of EU law. It also adjudicates on other cases as provided by the treaties

Question 80

What is EU competence?

Answer 80

Competence essentially refers to the areas in which the European Union has juridiction. It’s
crucial to understand that the European Union is not a sovereign state like the United States or
Germany; rather, it is a supranational entity comprising member states. These member states
retain their sovereignty, and the EU’s authority is derived from the delegation of powers by these states.

Question 81

Why is the concept of EU competence paramount?

Answer 81

The concept of competence is paramount because it delineates the scope of EU authority. The
EU exercises its powers only in the areas expressly delegated to it by member states. This delegation of sovereignty allows the EU to legislate and act collectively on matters of common interest, such as trade, competition, and environmental protection.

Question 82

What Article regulates the the concept of competence?

Answer 82

Article 5

Question 83

What does the principle of competence stipulate

Answer 83

the EU may only act within the competences
conferred upon it by member states in the treaties. In essence, member states collectively agree
to delegate certain powers to the EU to achieve the objectives outlined in the treaties. However,
competences not explicitly granted to the EU in the treaties remain with the member states.

Question 84

What does the principle of subsidiary stipulate?

Answer 84

the EU should only intervene when action at
the EU level is deemed necessary and cannot be effectively achieved by member states acting
independently, either at the central, regional, or local levels. This principle recognizes that
certain actions may be better suited for handling at a lower level of governance but
acknowledges instances where EU-level intervention is warranted due to the scale or effects of the proposed action.

Question 85

What does the principle of proportionality ensure?

Answer 85

the principle of proportionality ensures that EU interventions are proportionate to the
objectives pursued and do not exceed what is necessary to achieve those objectives.

Question 86

What do these principles safeguard?

Answer 86

that EU actions are aligned with the objectives set out in the treaties while respecting
the sovereignty and autonomy of member states. The application of these principles is further
detailed in the Protocol on the Application of the Principles of Subsidiarity and Proportionality,
which guides the institutions of the EU in their decision-making processes

Question 87

What is exclusive competence?

Answer 87

Exclusive competence refers to those areas of European Union law where the Union holds sole
authority, and member states do not possess individual powers to legislate. This represents the
strongest form of competence, as it entails the complete delegation of sovereignty by member states to the EU.

Question 88

What Article delineates the area in which the EU has exclusive competence?

Answer 88

Article 3

Question 89

What areas does the EU have exclusive competence?

Answer 89

Customs unions
2. Establishment of competition rules necessary for the functioning of the internal market
3. Monetary policy for member states whose currency is the Euro
4. Conservation of marine biological resources under the Common Fisheries Policy
5. Common commercial policy
6. Conclusion of international agreements, when provided for in a legislative act of the
Union, necessary for the exercise of its internal competence, or affecting common rules
or altering their scope.

Question 90

What is shared competence?

Answer 90

Shared competence refers to an area of legislation in which both the European Union and its
member states have partial authority. In such cases, national sovereignties of member states
retain significant authority, but the EU can intervene when its actions can enhance the
effectiveness of the policy.

Question 91

What is the rationale behind shared competence?

Answer 91

The rationale behind shared competence lies in the recognition that
the EU may be better equipped to regulate certain areas more efficiently than individual member states.

Question 92

What article of what treaty outlines the concept of shared competence?

Answer 92

Article 4 of the Treaty on the Functioning of the European Union (TFEU) outlines the concept of
shared competence. According to this article, shared competence applies in areas not covered by exclusive competence (Article 3) or the specific competences of the Union (Article 6).

Question 93

Cite the areas of shared competence in Article 4.

Answer 93

Internal market
• Social policy for aspects defined in the treaty
• Economic, social, and territorial cohesion
• Agriculture and fisheries (excluding marine biological resources conservation)
• Environment
• Consumer protection
• , Transport
Trans-European networks
Energy

Areas of freedom, security, and justice
. •
Common safety concerns and public health matters
Research, technological development, and space

Question 94

What is supporting competence?

Answer 94

the EU shall have competence to carry out actions to support, coordinate,
or supplement the actions of member states in specific areas.

Question 95

What article stipulates supporting competence?

Answer 95

Article 6

Question 96

What areas does the EU have supporting confidence?

Answer 96

Protection and improvement of human health
2. Industry
3. Culture
4. Tourism
5. Education
6. Vocational training
7. Youth and Sports
8. Civil training
9.Administrative cooperation

Question 97

What does supporting competence acknowledge?

Answer 97

the importance of preserving national sovereignty in
certain policy domains while recognizing the potential benefits of EU-level coordination or support. By focusing on areas where EU action can complement or reinforce national efforts, supporting competence seeks to strike a balance between European integration and respect for
member states’ autonomy and cultural diversity.

Question 98

What is the principle of proportionality?

Answer 98

The principle of proportionality assesses whether a measure aligns with the purpose and scope of
the treaties governing the European Union’s competences. It ensures that EU actions remain
within the bounds established by the treaties and do not exceed the Union’s prescribed authority.
In essence, proportionality scrutinizes whether a measure is warranted based on the competences
conferred upon the EU by the treaties.

Question 99

Describe the case of Vodaphone in 2010

Answer 99

In the case of Vodafone in 2010, the dispute centered on roaming charges for mobile phones. specifically the pricing of calls made while abroad. The European Union enacted Regulation 717 in 2007 to limit the costs of roaming charges, citing Article 95 of the EC Treaty (now Article 114 of the Treaty on the Functioning of the European Union) as the legal basis for its competence in this area.
Vodafone and other network providers contested the regulation, arguing that it exceeded the EU’s
competence and violated the principle of proportionality. They claimed that the regulation went beyond the specific competences outlined in the treaty. However, the European Court of Justice
rejected their arguments.
The court held that the proportionality of a measure does not necessitate it being the most
effective or flawless option available. Instead, as long as the measure is not “manifestly inappropriate” in relation to the objectives set out in the treaties, it can be deemed proportional.

Question 100

What did the case of R v. Minister of Agriculture, Fisheries and Food set out?

Answer 100

Suitability: Is the measure suitable for achieving the objectives within the EU’s competence as outlined in the treaties? This question assesses whether the directive or regulation aligns with the intended goals of the relevant EU poliay area. If the measure is not suitable for achieving these objectives, it may be considered disproportional.
2. Necessity: Could the objective have been achieved through a less intrusive means that would have posed fewer restrictions on the sovereignty of member states? This question evaluates whether the measure is necessary in its current form or if alternative approaches could have been taken. While it doesn’t require perfection, it aims to determine if the measure is not “manifestly inappropriate,” as stated in the Vodafone case.

Excessive Impact: Des the mesure have an impact that extends beyond the objectives
of the EU’s competence? This question examines whether the policy’s effects go beyond
what is necessary to achieve the EU’s prescribed goals. If the mesure extends into areas
beyond the EU’s competence or introduces unintended consequences, it may be deemed disproportionate

Question 101

What is the concept of subsidiary?

Answer 101

The concept of subsidiarity serves as an exception to the basic rule of competence within the
European Union. Essentially, subsidiarity dictates that in areas where the EU does not inherently
possess competence, meaning it lacks authority as defined by the primary laws of the EU
treaties, it may still act if member states individually or collectively demonstrate an inability or
unwillingness to achieve the same outcome.

Question 102

In what Article is subsidiary defined?

Answer 102

Article 5, Part 3 of the Treaty on European Union outlines the principle of subsidiarity. It states
that under this principle, the EU shall only intervene in areas outside its exclusive competence if
member states cannot sufficiently achieve the proposed action at a national, regional, or local
level, and if the proposed action could be better accomplished at the Union level due to its scale or effects.

Question 103

What does subsidiary recognise?

Answer 103

certain actions or policies may necessitate EU-level intervention
either due to their scale, where the resources of a single member state are inadequate, or because
of their effects, which may extend beyond national borders. For instance, issues related to the
internal market, which fall within the EU’s exclusive competences, naturally require
supranational regulation. However, even in areas beyond exclusive competence, subsidiarity may
justify EU intervention if it’s deemed more effective or practical to regulate at the Union level.

Question 104

What does subsidiary ensure?

Answer 104

subsidiarity ensures that decision-making authority is exercised at the most
appropriate level, striking a balance between centralized EU governance and the autonomy of member states.

Question 105

Describe the case of Germany v Parliament

Answer 105

This case revolves around financial law within the EU and the Union’s monetary policy. The EU
mandated member states, via a specific directive called the Deposit Guarantee Directive, to
establish a scheme ensuring the existence of special deposit insurance for credit institutions.
Germany challenged this directive, arguing that the EU had failed to consider the principle of
subsidiarity, as required by Article 190 of the EC Treaty (now incorporated into Article 5 of the
Treaty on European Union). Germany contended that the EU directive didn’t adequately justify its necessity over national action.
However, the European Court of Justice rejected Germany’s argument, asserting that the EU had
provided a sufficient explanation. The directive aimed to address issues related to unavailable
financial deposits, which could transcend national borders. It was argued that a solely national
approach would not effectively resolve this issue, as it could impact cross-border financial
transactions. Therefore, the EU’s intervention was deemed necessary to achieve the intended
goal, aligning with the principle of subsidiarity.

Question 106

Describe the case of Alliance for Natural Health

Answer 106

these cases centered on EU directives regulating certain foods considered supplements. Directive
2002/46 aimed to harmonize national rules regarding these supplements to enhance consumer
protection within the EU single market. Claimants argued that these directives infringed on
member states’ rights to regulate consumer protection independently, questioning the application
of subsidiarity.
The European Court of Justice invoked Article 114 of the Treaty on the Functioning of the
European Union, which grants the EU competence to improve the conditions of the single
market. Harmonizing rules across member states to ensure consistency in consumer protection
aligns with this objective. Therefore, the Court concluded that the EU’s actions fell within the
scope of subsidiarity, as defined by Article 114, allowing the Union to legislate in areas aimed at improving the single market

Question 107

Where is the majority of EU Primary Law found?

Answer 107

Treaty on Buropean Union
(TEU) and the Treaty on the Functioning of the European Union (TFEU).

Question 108

Basic Provisions of the Treaty on European Union?

Answer 108

Basic Common Provisions (Title I:
•Establishes foundational principles of the EU, including its objectives, values, and
legal framework.
• Outlines the EU’s institutional structure and decision-making process.
Affirms the supremacy of EU law and the binding nature of EU decisions on member states.

Question 109

Democratic Principle on TEU?

Answer 109

Democratic Principles (Title II):
•Defines the democratic principles upon which the EU is based, including the role
of citizens, representative democracy, and participatory mechanisms.
•
Ensures transparency and accountability in EU institutions and decision-making processes.

Question 110

Provisions on institutions in the TEU?

Answer 110

Details the organization, composition, and functioning of EU institutions, such as
the European Council, the European Parliament, the European Commission, and the Court of Justice of the European Union (CJEU).
• Specifies the powers and responsibilities of each institution and their interrelations.

Question 111

Enhanced cooperation in the TEU?

Answer 111

Facilitates deeper cooperation and integration among member states in specific
policy areas where unanimity cannot be achieved.
•
Allows groups of member states to move forward with integration mesures while
respecting the EU’s legal framework.

Question 112

Provisions for the Union’s external action in the TEU?

Answer 112

Sets out the EU’s objectives, principles, and instruments for conducting external
relations, including common foreign and security policy (CFSP).
• Defines the roles of EU institutions in external affairs and establishes procedures
for decision-making in this area.

Question 113

Final provisions in the TEU?

Answer 113

Contains miscellaneous provisions, including procedures for amending the
treaties, ratification processes, and entry into force of the treaty.

Question 114

Principles in TFEU?

Answer 114

Establishes the fundamental principles governing the EU’s operation, including
non-discrimination, citizenship, and subsidiarity.

Question 115

Internal market TFEU?

Answer 115

Sets out the rules governing the EU’s internal market, including the free movement of goods, services, capital, and persons.
•
Addresses issues such as competition policy, taxation, and the approximation of laws.

Question 116

Union policies and internal actions in the TFEU?

Answer 116

• Regulates various policy areas, including agriculture, fisheries, transport,
competition, economic and monetary policy, employment, social policy, and consumer protection.

Question 117

External action in the TFEU?

Answer 117

• Defines the BU’s external action, including its relations with non-member countries and international organizations.
• Outlines the principles, objectives, and instruments of the EU’s external policy,
including trade, development cooperation, and humanitarian aid.

Question 118

Institutional and financial provisions in the TFEU

Answer 118

Addresses institutional matters, including the functioning of EU institutions,
decision-making procedures, and the EU’s budgetary framework.

Question 119

General and final provisions in the TFEU

Answer 119

Contains general provisions, including procedures for treaty amendments, ratification, and entry into force.
Concludes with final provisions related to the treaties’ interpretation and application

Question 120

What was the motivation for establishing the Treaty of Amsterdam ?

Answer 120

Anticipation of EU expansion into Eastern European countries following the
collapse of the Soviet Union.
• Recognized the need for institutional reform and greater flexibility within the EU
to accommodate new member states.

Question 121

Describe the Treaty of Amsterdam’s entry into force.

Answer 121

Signed in 1997, entered into force in 1999.
Introduced changes to the EU’s institutional framework and decision-making processes.

Question 122

Key provisions in the Treaty of Amsterdam?

Answer 122

Institutional Reform: Extended the concept of co-decision and qualified majority
voting (QMV) in decision-making processes. QMV is crucial for establishing
secondary legislation.
• Principle of Subsidiarity: Amended to allow the EU to legislate in areas where
individual member states cannot achieve the same effect independently.
• Area of Freedom, Security, and Justice: Introduced gradually, signifying the EU’s increasing role in criminal justice, security arrangements, and counterterrorism
measures.
•
Employment and Social Policy: Enhanced provisions in these areas, reflecting the
EU’s commitment to promoting social cohesion and labor rights.

Question 123

Impact of the Treaty of Amsterdam?

Answer 123

The Treaty of Amsterdam laid the groundwork for further EU expansion and
integration, preparing the Union for the challenges and opportunities of the
post-Cold War era.
• It solidified the EU’s role in areas beyond economic cooperation, such as justice,
security, and social policy, reflecting the evolving needs of member states and the broader European community

Question 124

Integration of the TOA into the EU Community?

Answer 124

The Treaty of Amsterdam incorporated the Schengen agreements into the
framework of the EC treaty.
• The Schengen agreements established the Schengen Area, where there are no
border controls between member states, allowing for seamless travel across borders.

Question 125

What is the Schengen Zone?

Answer 125

• The Schengen Zone encompasses countries within the European Union that have agreed to abolish internal border controls.

Question 126

How is travel within the Schengen zone characterised?

Answer 126

The absence of passport
checks, allowing individuals to move freely across member states without
hindrance.

Question 127

The Schengen zone’s distinction from the single market?

Answer 127

It’s important to note that the Schengen Zone and the Single Market are distinct
entities.
• Member states may participate in the Single Market without being part of the
Schengen Area, and vice versa.
• For example, the United Kingdom was part of the Single Market but opted out of
the Schengen Agreement, maintaining its own border controls.

Question 128

Impact of the incorporation of the Schengen Agreement into the EC?

Answer 128

in
facilitating cross-border travel and fostering unity within Europe.
• It reflects the EU’s commitment to promoting freedom of movement and
enhancing practical cooperation in areas such as security, law enforcement, and migration management within the Schengen Area.

Question 129

Reason for the Treaty of Lisbon?

Answer 129

The Treaty of Lisbon emerged in response to the anticipated expansion of the European Union, particularly into Eastern Europe. This expansion marked one of the largest enlargements in EU history. Alongside calls for enlargement, there was a need for constitutional and institutional reform to ensure the EU was prepared for this significant development. The concept of
“widening and deepening” emerged, signifying both the expansion of the EU’s membership and the deepening of integration among member states.

Question 130

Reason for the enlargement ?

Answer 130

Widening:
• Refers to the expansion of the EU’s membership, specifically into Eastern European states following the collapse of the Soviet Union.
• This enlargement was substantial, involving a significant number of new member states joining the EU, making it wider geographically.
2. Deepening:
• Involves further integration among member states, strengthening ties and cooperation within the EU.
•The goal was to deepen the EU’s integration beyond its original purpose of economic cooperation, towards broader political, social, and legal integration.

Question 131

Impact of the TOL?

Answer 131

The Treaty of Lisbon merged the European Community (EC) and the European Union (EU) into a single entity, consolidating them under the name
“European Union.” This streamlined the terminology and clarified the EU’s identity as a unified institution.

Question 132

Describe the EC Treaty renaming process?

Answer 132

The C treaty underwent a renaming proces, becoming known as
the Treaty on the Functioning of the European Union (TFEU). This renaming aimed to modernize and update the terminology used in EU law, although it introduced complexities for referencing older cases and provisions.

Question 133

What did the TOL expand on?

Answer 133

The Treaty of Lisbon expanded the scope of qualified majority voting within the EU decision-making process. QMV allows for more efficient decision-making by requiring a specified majority rather than unanimity among member states. This expansion enhanced the effectiveness of EU governance and legislative procedures.

Question 134

What did the TOL rename?

Answer 134

The Court of First Instance was renamed to the General Court, reflecting its role as the lower court within the EU judicial system. This change aimed to clarify the court’s function and streamline its operations.

Question 135

What did the TOL do in-regards to the European Parliament

Answer 135

The Treaty of Lisbon granted the European Parliament an enhanced role in EU decision-making, strengthening its position as the only directly elected institution of the EU. This included new powers for the President of the European Council and amendments to the Charter of Fundamental Rights.

Question 136

What does Article 288 of the TFEU grant the EU to do?

Answer 136

Article 288 of the Treaty on the Functioning of the European Union (TFEU) grants the European Union the authority to enact secondary legislation, which complements the primary EU law found in the treaties. Secondary legislation is divided into five categories, with regulations, directives, and decisions being the most significant ones. These categories are established to enable the Union to exercise its competences effectively.

Question 137

What are the main types of secondary legislation?

Answer 137

Regulations, directives, and decisions are the main types of secondary legislation,

Question 138

Difference between regulations, directive and decisions?

Answer 138

While regulations and directives are binding in their entirety and directly applicable in member states, decisions are binding only on those to whom they are addressed.

Question 139

Describe regulations.

Answer 139

Regulations have general application and are binding in their entirety on all member states. This means that they apply uniformly to all member states without exception and are directly applicable without the need for further transposition into national law. Consequently, regulations constitute the strongest form of secondary legislation, as they impose legally binding obligations on every member state and individual within their jurisdiction.

Question 140

Describe the enforceability of regulations?

Answer 140

Once a regulation is adopted by the EU institutions, its provisions become immediately enforceable within the legal framework of each member state. This direct application streamlines the implementation process and ensures consistent enforcement of EU law across the Union.

Question 141

Describe directives

Answer 141

The crucial aspect of directives highlighted in this provision is the phrase “as to the result to be achieved,” which fundamentally alters the nature of an EU directive compared to a regulation.

Question 142

What do directives grant EU states?

Answer 142

This phrase grants EU member states a significant degree of discretion in determining the methods and procedures for implementing directives within their respective legal systems. While regulations impose directly applicable obligations on member states uniformly, directives focus on achieving specific outcomes while allowing flexibility in the means of achieving them. In essence, directives set forth the desired results that member states must accomplish, leaving the choice of implementation measures to their discretion.

Question 143

Describe the time period and directives

Answer 143

The directive establishes a fixed time period for member states to implement its provisions into national law, typically around two ears. During this implementation period, member states have directives are binding only upon
those member states to which they are specifically addressed. This aspect reflects the tailored
approach of directives, allowing the EU to target specific member states based on their unique
circumstances and legal systems. This flexibility is crucial for accommodating the diverse needs and complexities of member states, ensuring the effective implementation of EU law while respecting national differences.

Question 144

What treaty and article is the secondary law “decisions” outlined

Answer 144

Article 288 of the Treaty on the Functioning of the European Union introduces a distinct form of
secondary legislation called “decisions,” which differs from regulations and directives in its application scope.

Question 145

Describe “decisions” in the TFEU

Answer 145

The wording of Article 288 underscores the unique nature of decisions as instruments of EU
policy. While regulations and directives primarily target member states, decisions can address a
wider range of subjects and entities, reflecting their hyperspecific focus on particular policy
points.

Question 146

What does the flexibility in the TFEU “decisions” allow for?

Answer 146

This flexibility allows decisions to have a nuanced impact on various actors within the EU, contributing to the complexity and effectiveness of the EU’s regulatory framework

Question 147

How is EU Law made?

Answer 147

The ordinary legislative procedure, formerly known as the co-decision procedure, serves as the
primary method for creating secondary legislation within the European Union. This procedure is
outlined in Articles 289 and 294 of the Treaty on the Functioning of the European Union
(TFEU). As secondary law is derived from primary laws, such as the treaties, member states
agree to empower the EU to enact secondary legislation through these primary laws.

Question 148

Describe the legislation process in the EU.

Answer 148

The legislative process typically begins with a proposal from the European Commission, which
initiates the drafting of legislation. The European Parliament then conducts a first reading, where
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it provides opinions and proposes amendments to the legislation. These suggestions are
transmitted to the Council of the European Union for further consideration. If the Council approves the legislation, it is adopted. However, if agreement is not reached, a second reading ensues. During the second reading, the Council establishes a common position, which is then sent back to the European Parliament for discussion. Both institutions must agree on a common position for the legislation to be adopted. If consensus is reached, the measure may be approved.

Question 149

What happens if there are disagreements during the legislative process?

Answer 149

In cases of disagreement between the Parliament and the Council, a conciliation committee may be convened. This committee, comprised of members from both institutions, aims to reconcile differences and reach a compromise on the legislation.

Question 150

What is direct effect?

Answer 150

The principle of direct effect refers to the implementation of legal principles originating from the European Union. These principles, often found in the treaties or secondary legislation, apply to individuals within the EU, including private citizens and legal entities. If a member state fails to implement these measures, they can be held liable in their domestic legal system.
Direct effect means that EU law provisions are directly applicable in member states’ domestic jurisdictions. If a member state fails to apply these provisions or if direct effect doesn’t apply, indirect effect may come into play. If indirect effect also fails, state liability can be invoked, holding the state responsible for damages due to their failure to implement EU measures.

Question 151

What did the principle of direct effect create?

Answer 151

also established the doctrine of supremacy, highlighting the authority of EU law over national law.

Question 152

Describe the case of Van Gend en Loos

Answer 152

which involved Dutch customs duties on chemical products, important questions arose regarding the relationship between EU law and national law, as well as the principle of direct effect. The ruling of this case suggested that the EU constitutes a new order of international law, wherein member states have limited their sovereign rights, and individuals, including their nationals, are subject to its provisions.

Question 153

What are the benefits of direct law?

Answer 153

Therefore, the principle of direct effect allows individuals or organizations to enforce their rights under European Union law in the domestic jurisdiction of the member state where they operate.
If they believe that the member state has violated a principle of EU law, they can approach a domestic court and request it to order the member state to apply and adhere to EU law.
Without the principle of direct effect, individuals would likely have to resort to European Union institutions, such as the European Court of Justice, which hears only a limited number of cases.
This would make it much more difficult for citizens of member states to enforce their rights against alleged violations by their member states.

Question 154

What is vertical direct effect?

Answer 154

The distinction between vertical and horizontal direct effect primarily concerns the parties involved in the dispute. Vertical direct effect involves a private individual or organization bringing a claim against a member state, whereas horizontal direct effect involves a claim between private individuals.

Question 155

What requirements must be met for vertical effect to apply?

Answer 155

1. The provision must be sufficiently clear and precise.
2. The rights and obligations established must be unconditional.
3. There must be no requirement for further measures to be implemented by the member state.

Question 156

Describe the case if Rainers and Belgium

Answer 156

Rainers sought admission to the bar in Belgium but was denied because he was not a Belgian national.
He challenged this denial based on EU treaty provisions related to the free movement of services.
The court held that the relevant provision of the Treaty on the Functioning of the European Union was directly effective because it met the three established criteria: precision in the result to be achieved, unconditional rights, and no need for additional implementation measures

Question 157

What is Horizontal direct effect?

Answer 157

Horizontal direct effect pertains to the application of EU law in disputes between private individuals or entities, rather than involving a private individual and a state. This raises questions about how EU law applies in such scenarios, where the parties are both private citizens.

Question 158

When does horizontal effect occur?

Answer 158

when a claim is brought by one private individual against another private individual or entity.

Question 159

What is an essential case regarding horizontal direct effect

Answer 159

essential case illustrating horizontal direct effect is the 1976 Define and Sabena case, where an airline flight attendant challenged the discriminatory retirement age policy enforced by her employer, Sabena, based on EU principles of gender discrimination.
The court ruled that EU law, specifically Article 7 of the Treaty on the Functioning of the European Union (IFEU), applied horizontally between private parties. This meant that the flight attendant could bring a claim against the airline company for violating her rights under BU law, even though both parties were private entities. Article 7 prohibits gender discrimination and applies regardless of whether the dispute involves a member state or private entities, demonstrating the broad scope of direct effect.

Question 160

Describe the case of the European Commission vs the Italian Republic.

Answer 160

In this case, the regulation addressed the oversupply of milk and milk-based products in the European Union, reflecting the EU’s focus on economic aspects of law, including market regulation and competition law.
Although Italy only partially implemented the regulation into its domestic law, omitting some provisions, the Court of Justice of the European Union ruled that the regulation still had direct effect. When the European Commission initiated proceedings against Italy for this partial implementation, the court concluded that regulations, as long as they meet the basic requirements for direct effect, maintain their direct effect both vertically and horizontally.

Question 161

What does the case European Commission vs the Italian Republic underscore ?

Answer 161

This case underscores the consistent application of direct effect principles to regulations,
ensuring their enforceability across member states and between private parties within the EU
legal framework.

Question 162

Describe the case of Van Duyn v Home Office

Answer 162

A notable case illustrating this point is Van Duyn v Home Office from 1974. In this case, the
claimant sought to enforce her right to work at the Church of Scientology, arguing that the
refusal to grant her this right infringed upon her rights under Article 45 of the Treaty on the
Functioning of the European Union (TFEU) and Directive 64/221 on the free movement of workers.

Question 163

What did this directive establish in regards to the free movement of workers?

Answer 163

The directive established that limitations on the free movement of workers, justifiable under
Article 45(3) of the TFEU, must be based on the individual conduct of the worker in question.
While limitations on free movement are permissible, they must be justified by the conduct of the
specific worker, as outlined in the directive.

Question 164

Describe the case of Rati.

Answer 164

In the case of Ratti, the issue of the direct effect of directives during their implementation period was examined. Unlike treaties and regulations, which are automatically directly effective upon ratification or passage, directives undergo a transitional implementation period after being passed. During this period, member states are granted time to incorporate the directive’s provisions into their national laws.
The case involved a claimant seeking to rely on a series of directives whose implementation period had not yet passed. The claimant aimed to leverage the less stringent rules of the directives, such as those concerning the labeling of solvents, against the stricter domestic laws of the member state. However, the court held that while directives must be clear and precise to have direct effect, they can only be invoked after their implementation period has elapsed. Member states are given this time frame to ensure compliance with the directives, and it would be premature to sue them for non-compliance during this period.

Question 165

Describe the case of Foster v British Gas.

Answer 165

The question arose regarding what constitutes an
“emanation of the state” for the purposes of direct effect in directive implementation. While vertical direct effect applies to directives, allowing individuals to sue member states, horizontal direct effect does not extend to private entities. However, if a private company is deemed an emanation of the state, it can be subject to the same obligations as the state under EU law. British Gas, as a public utility company that was nationalized and provided a public service, was considered an emanation of the state. Therefore, it could be held accountable for violations of the equal treatment directive, which mandated equal retirement ages for men and women. The court established criteria for determining whether an entity qualifies as an emanation of the state, including providing public services, being under state control, and possessing powers and authorities beyond those of a private entity.

Question 166

What is indirect effect ?

Answer 166

Indirect effect comes into play when conflicts arise between the laws of the European Union and those of member states. This principle dictates that member states should interpret their national laws in a manner consistent with EU law to ensure compatibility. Unlike direct effect, where EU law directly penetrates the legal systems of member states, indirect effect operates differently by requiring interpretation of national law in alignment with EU law.

Question 167

Describe the case of Von Colson in regards to indirect effect ?

Answer 167

women who sought employment in German prisons
challenged the policy denying them jobs, arguing it violated the equal treatment directive. This
case involved private citizens bringing action against private organizations, a scenario not
covered by direct effect. However, the court held that while the directive didn’t specify a remedy,
claimants were entitled to more than just travel expenses. The directive’s requirement for
member states to achieve its objectives binds all authorities, including the judiciary, obliging
them to interpret national law in line with the directive.

Question 168

What did Von Colson set in precedence?

Answer 168

It mandates the interpretation of
national law in accordance with EU law to achieve harmonization. It underscores the role of national courts in ensuring the application of EU directives, even in disputes between private
entities, contributing to the coherence of EU legislation.

Question 169

Describe the case of Marleasing and Laericial

Answer 169

The court established that directives may have
horizontal indirect effect. Here, a company brought proceedings against another company,
illustrating a horizontal dispute between private entities. The court ruled that while the directive
didn’t have direct effect, it could have indirect effect horizontally. This decision was based on the
directive’s requirement for member states to achieve its objectives, obligating national law to be interpreted in accordance with the directive’s provisions.

Question 170

Describe the case of Fifer

Answer 170

claimants challenged German legislation allowing longer working
hours, which contradicted the EU’s working time directive. The court held that national law must
be interpreted in conjunction with the relevant provisions of the directive, invoking indirect
effect. This case clarified that the working time directive could be applied both vertically through direct effect and horizontally through indirect effect

Question 171

What is State Liability?

Answer 171

The concept of State liability represents a mechanism to address gaps in the protection of individual rights under European Union (EU) law. While direct and indirect effect principles may fall short in certain circumstances, State liability fills this void by holding member states accountable for failures to implement EU directives adequately.

Question 172

Where is the principle of State Liability established?

Answer 172

The principle of State liability, established in cases like Francovich (1991), imposes an obligation on member states to compensate individuals when direct or indirect effects fail to ensure their rights.

Question 173

Describe the Francovich case

Answer 173

In the Francovich case, Council Directive 89/987 required member states to provide insurance for employees in case of insolvency by their employers. However, Italy failed to implement this directive, resulting in unpaid wages for the claimants. While the directive did not have direct effect, State liability provided a legal basis for the claimants to seek damages from Italy for the infringement of their EU rights.

Question 174

Purpose of state liability?

Answer 174

State liability serves several crucial purposes. It ensures the effective implementation of EU directives by incentivizing member states to comply with their obligations. Moreover, it upholds the principle of compensating individuals for losses incurred due to failures in EU law implementation. This not only protects the rights of EU citizens but also fosters greater adherence to EU Law from member states.

Question 175

What conditions were outlined in Francovich?

Answer 175

Firstly, the directive at issue must aim to grant rights to individual EU citizens. Directives, while not directly binding in their content, set out the results to be achieved by member states. These results typically entail the granting of identifiable rights to citizens.
Secondly, the rights conferred by the directive must be clear and easily discernible. Identifiable rights ensure clarity and facilitate the determination of breaches.
Lastly, there must be a causal connection between the breach of state obligations and the damage suffered by the claimant. Causation is fundamental in establishing liability, ensuring that the breach directly results in harm to the claimant.

Question 176

What cases elaborate on the definition of sufficiently serious “breaches”

Answer 176

Factortame and Brasserie cases elaborate on the notion of “sufficiently serious” breaches. A breach is deemed sufficiently serious when a member state blatantly and gravely disregards the limits on its discretion. Mere breaches within the broader discretion granted by directives do not meet this threshold.

Question 177

What does Article 48 TEU do?

Answer 177

This article outlines the procedures for amending the EU treaties, including both ordinary and simplified revision procedures.

Question 178

What are Passerelle Clauses?

Answer 178

These are clauses within the treaties that allow for the transition from unanimity to qualified majority voting in specific policy areas without amending the treaties themselves.

Question 179

What does article 352 TFEU provide ?

Answer 179

This article provides a legal basis for the EU to act in areas not explicitly covered by the treaties, known as the “flexibility clause.”

Question 180

What are satellite treaties?

Answer 180

SCG): These are treaties that complement the EU treaties and contribute to the development of EU law and institutions.