Nature of the EU Legal Order

Question 1

What is the distinction between the german tradition’s perspective on the EU and the American perspective?

Answer 1

-German tradition
-hv to choose between whether EU is conf (e.g: UN) . or fed state
-no in between
-EU is conf. and sov. remaind with MS

-American Tradition
-Sovereigny is split btn MS + EU

Question 2

TRUE or FALSE: the principle of conferral includes the idea that compences are only conferred to EU by MS 2 attain SPECIFIC objectives

Answer 2

True-
-Art. 4(1)
-Art 5(1)

Question 3

What is the criterion for the Legal basis of an EU Act

Answer 3

Should mention:
1. Which institution
2. Can adopt what kind of measure
3. Using which procedure
—–
4. The act must has same objective as legal basis (e.g promotion of internal trade, Art. 110 TFEU)
-Based on object. factors -which can be judged by judi. rev. (TD case)

Question 4

What did the Titanium Dioxide case confirm about the Nature of the EU Legal Order

Answer 4

1. Legal basis on which the act is based on
   -must have same obj. as act
   -judged by OBJ. factors
   -amen. to judicial review

Question 5

Explain positive integration

Answer 5

-Creation of commmon rules across EU
-through adop. of EU wide leg.
(harmonisation)

Question 6

Explain negative integration

Answer 6

• prohibitions (what u don’t do v what you doodoo) which prev. MS
• or pp from erecting barriers 2 trade

Question 7

Explain the international model of NI

Answer 7

• each state applies their own rules to all products whether they’re foreign or domestic
  
  • (host state cont.)

Question 8

Explain the federal model of NI

Answer 8

-only home state’srules apply (home state control)
-based on Mu. Recog,
-as long as ho state approves they free to go

Question 9

Explain the national model of NI

Answer 9

• No member state may restrict trade between union standards