P5; CH1: The Monist Conceptual Scheme

Question 1

Since when the Court of Justice has construed the Union’s legal system monist logic?

Answer 1

Since VAN GEND EN LOOS (1963)

Question 2

What’s the Monist Logic developed by the Court?

Answer 2

That the Union’s legal system is an autonomous order and distinct from both natural and international systems.

MS have waived certain powers and transferred them to the Union, such as LAW MAKING POWER OVER ITS SUBJECTS and JUDICIAL SYSTEM BASED ON THE RULE OF LAW

Question 3

ECJ role in the Monist scheme

Answer 3

Ensures the lawfulness and legality of instruments adopted by the Union’s actors

Ensures that the law is observed in the interpretation and application of the Treaties (art.19 teu)

Question 4

Art. 260 TFEU; What are MS required to do in respect of the ECJ?

Answer 4

MS are required to take the necessary measures to comply with the judgements of the Court

Question 5

What do we mean when we say that the ECJ is the Supreme Interpreter of EU law?

Answer 5

That the Court’s decisions create binding precedents and are useful to create a uniform interpretation of law.

ECJ judgements needs to be interpreted purposively/contextalism/towards a decision coherent with the Acquis + Actualization

Question 6

What’s the role of national courts?

Answer 6

National Courts functions are enhanced by the PRELIMINARY RULING PROCEDURES

National judges are required to apply common law directly, consistently and uniformly.

Question 7

What’s the division of competences between ECJ and National courts?

Answer 7

ECJ -> Interpreting ultimately
National Courts -> Applying

Question 8

What’s the main consequence of the ECJ elevating the Treaties to a Constitutional level?

Answer 8

That they must respect the principle of effective judicial protection of individual rights and fundamental rights

Question 9

RULE OF LAW as defined broadly by the ECJ

Answer 9

• Due Process
• Good quality of law-making
• Limited Government powers
• Fair and open elections
• Accountability to the law
• Procedural and legal transparency
• Supremacy of law
• Equality before the law
• Legal certainty
• Avoidance of arbitraries
• Respect for Fund. Rights
• Principle of mutual trust and recognition of judgements

Question 10

What law govern procedural rules on national courts?

Answer 10

NONE, MS enjoy procedural autonomy in organizing their own judiciary

However, they must:
a) ensure protection of individuals’ rights
b) PRINCIPLE OF EQUIVALENCE (same procedural conditions)
c) PRINCIPLE OF EFFECTIVENESS (easy to exercise rights)
d) LOCUS STANDI (easy to access courts)

Question 11

Judicial gaps

Answer 11

• CFSP Matters
• When the contested measure presupposes the exercise of political or discretional powers of the institution concerned

By virtue of the principles of SEPARATION OF POWERS and ATTRIBUTION

Question 11

Judicial gaps

Answer 11

• CFSP Matters
• When the contested measure presupposes the exercise of political or discretional powers of the institution concerned

By virtue of the principles of SEPARATION OF POWERS and ATTRIBUTION