INTRO, DIRECT EFFECT OF TREATY PROVISIONS, PRIN. OF SUPREMACY

Question 1

List the main treaties we need to know for this course

Answer 1

-TEU
-TFEU–> Focused on maintaining the structure of the u. + essence of the un.
- as integrated european society

Question 2

Definition of a treaty Provisions

Answer 2

• a rule encased in a treaty
  -not necessarily the whole of a treaty art./ paragraph
  
  • each PHRASE expreses a rule
• article can contain multiple provisions

Question 3

List the EU Institutions

Answer 3

-European parliament
-European Council
-Council
-European commission
-Court of Justice of the EU
-European Central Bank
- Court of Auditors

Question 4

Where can one find the articles listing the EU institutions?

Answer 4

-Article 13 TEU

Question 5

Where can one find the provisions delineating the role of the European parliament, European Council, council, European commission, Court of justice?

Answer 5

Art 14-19 of TEU

Question 6

Where can one find the provisions describing the role of the European Central Bank

Answer 6

Art 127-133 TFEU

Question 7

Where can one find the provisions describing the rope of the Court of Auditors

Answer 7

Art 285-287 TFEU

Question 8

List the EU Institutions which produce law

Answer 8

-European Parliament
-Council
-Court of Justice of the EU? –> case law

Everything Exists CONSCIOUSLY (dune reference)

Question 9

List the primary sources of EU Law

Answer 9

• The treaties
  -created by the member states together not the EU as a body

Question 10

List the secondary sources of EU Law

Answer 10

• Regulations
  -Directives
  -Devisions
  -Recommendations
  -Opinions
  CJEU case law
  General principles of EU Law

Question 11

What are the non-binding sources of secondary EU Law?

Answer 11

• Recommendations
  -Opinions

Question 12

Where can one find the provision encapsualting the legal acts

Answer 12

-Art 288 TFEU

Question 13

Describe the characteristics of a regulation

Answer 13

Art 288 TFEU
-gen. appli.
-applicable to everyone (insti. , individuals) throughout the union
-Binding in its entirety
-dir. appli. in all member
states
- disapplies conflicting domestic rules
-Binding in its entirety

Question 14

Describe the characteristics of a directive

Answer 14

-Addressed to specific member states=/ generally applicable
-Binding TO THOSE SPECIFIC member states
-But IMPLE. is up 2 nat. authorities.

Question 15

Describe the characteristics of a decision

Answer 15

-Binding in its entirety (goal + -procedure)
- but specific to centairn parties only

Question 16

How does the CJEU Produce law

Answer 16

1) preliminary rulings:
-clarifies the interpretation of EU Law
-Van Gend & Loos, Defrenne I and 2, Costa v Enel
2)Examining the legal. of the acts of EU institutions
-judgments in week 3 reading list

Question 17

Summarise the facts of VGL?

Answer 17

-dutch law imposed new duties on products imported from germany
-not allowed under EEC law (part of Free movement of goods concept)
-but national imposed it
-unsure whether VGL can invoke their right 2 free movent of goods in national courts
-without national law supporting it

Question 18

What are the relevent articles to the VGL in current treaty law

Answer 18

• Art 28(1) TFEU –> union= has customs union
  –> regulates customs between non-eu and eu states
  –>no customs between member states

-Art 30–> prohibition of equivalent effect?

Question 19

What are the questions of law asked by the German national tribunal to the CJEU?

Answer 19

1. Does art 12 EEC treaty (now encompassed by Art. 28(1) TFEU and 30 TFEU) have,
   -DIRE. APPL. within member states
   
   • can national INVOKE IND. rights on the basis of that article
     -within nat. courts= protected by national courts

Question 20

Where in the VGL Judment are the relevant case law facts contained

Answer 20

-confirmation of direct effect–> page 12
requirements of direct effect–> page 13

Question 21

What are the requirements of direct effect of treaty provisions under VGL?

Answer 21

-CLARITY
-UNCONDITIONALITY
-by its nature “adapted to produce direct effects in the lr between member states and their subjects”
-can be enforced, spefici detail

Question 22

Elaborate the requirements of the condition of “clarity” under VGL

Answer 22

–>precise enough
–>formulated thoroughly enough (always open for debate)

Question 23

Explain the judgment in Coxta v ENEL

Answer 23

–> Principle of supremacy
–> EU Law always prevails over national law
–> “without the legal basis of the Community itself being called into question.” (page 594)

Question 24

Where in the Costa v. Enel judgment can the principle of supremacy be found?

Answer 24

–> page 594

Question 25

Explain the limitations of VGL in terms od direct effect

Answer 25

–> only applies to vertical relationship
–> vertical dispute between an individual and a public authority
–> With “individuals”, the ECJ/CJEU means all types of
private parties, including multinational corporations, q
associations, foundations, etc.

Question 26

Explain the Defrenne judgment

Answer 26

–>vertical horizontal effect can be enforced in relation to art 119 EEC (now 157 TFEU)

Question 27

Explain the case law rules of Defrenne II

Answer 27

For a treaty provision to have direct horizontal effect it must be
–> according VGL (page. 13)
–>Clear
–> Unconditional
–> by its nature, adopted to create direct effects

New case law:
+ MANDATORY
+ suitable to create leg. obl. between IND. (C39)

Question 28

Where can the case law rules be found in Defrenne II

Answer 28

C39