Supplementary Sources

Question 1

The CJEU includes… (3) and shall insure (1) plus article

Answer 1

Art 19(1) TFEU 
Court of Justice 
General court 
Specialised court 
Shall insure in interpretation and application of treaties the law is observed

Question 2

CJEU facts (3)

Answer 2

Purposive approach
No formal system of precedent
National courts must follow interpretation of CJEU

Question 3

Form of CJEU judgement is different to English cases (3)

Answer 3

Single judgement with no dissenting opinions
Predominant civil law tradition
Intended to promote unity of EU legal system

Question 4

CJEU judgement structured into 3 parts

Answer 4

Facts and arguments of parties
Reasoning of the court
Conclusion

Question 5

Can often find more details of CJEU case in (1) his role is (2)

Answer 5

Advocate Generals Opinion
Role is to analyse legal aspects of case and provide opinion to CJEU
More like English judgement

Question 6

General principles of EU law (2)

Answer 6

Developed by CJEU

Flesh out treaties and secondary legislation

Question 7

Examples of general principles (6)

Answer 7

Equality 
Fundamental rights 
Proportionality 
Subsidiarity
Legal certainty 
Legitimate expectations

Question 8

International agreements

Answer 8

Art 216 TFEU

binding on EU institutions and all MS

Question 9

International treaties

Answer 9

Art 217 TFEU

Binding on all MS where the EU has assumed all responsibilities and powers of MS

Question 10

Hierarchy of sources (5)

Answer 10

Primary law 
General principles/ international agreements
Secondary law
Case law of CJEU 
Soft law