The law of Europe and Human Rights Flashcards
What is the primary EU law?
- Treaty on the European Union (TEU)
- Treaty on the Functioning of the European
Union (TFEU)
What are the sources of EU law?
- Regulations
- Directives
- Decisions
- Case law, Court of Justice of the EU (CJEU)
How does a regulation work?
A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States
How does a directive work?
A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
What are the differences between regulations and directives?
Directives have more differences between member states (up to them to interpret) so less harmonisation
What are the main institutions of the EU?
- European Commission Proposes & Enforces laws
- European Parliament Adopts Laws
- European Council Defines EU priorities & Political direction - 27 heads of state
- Council of the EU Discusses, amends & adopts laws - 27 relevant ministers
How does the CJEU interpret rules?
Harmoniously for member states, National judges can ask CJEU for advice if they don’t know how to interpret EU law.
Does the CJEU decide directly in the case when asked for advice?
No, After the CJEU case the national judge must still decide
What is the legislative procedure?
- Commission (EC) submits a proposal to European Parliament (EP) and Council
- EP adopts its position and communicates it toCouncil
- If the Council approves the EP’s position, the act is adopted in the wording of the EP version
What are the main arguments in favour of free trade?
- Economic benefits for consumers
2. Less chance of war when countries are trading partners
What are the four freedoms?
- Goods
- Persons
- Services
- Capital
What does the EU prohibit in the internal market?
- quantitative restrictions
- customs duties
- other measures that hamper movement
What are the limitations on the power of the EU
i. Requirement for a legal basis -> EU can only exercise powers within the limits of the competences that are conferred upon the EU
ii. subsidiarity -> The use of EU competences is governed by the principles of subsidiarity and proportionality
what are requirements for a legal basis?
i) EU can only exercise powers within the limits of the competences that are conferred upon the EU
ii) The use of EU competences is governed by the principles of subsidiarity and proportionality.
What is subsidiarity?
EU should only use its powers where it can perform a task better than the Member States could do themselves
When should the EU act?
- Adopted measure is suitable to achieve the desired end
- Measure is necessary to achieve this end
- Measure is not worse than the problem it wants to address (proportionality stricto sensu)
What are 3 factors of Euroscepticism?
- EU can be seen as more of a common market than a community of citizens.
- EU grew too large too quickly
i. Big differences east/west and north/south
ii. Decision-making became harder - Democratic deficit of the EU
What are human rights?
i. Rights that every person has
ii. By virtue of existing
iii. That aim to secure for that person certain benefits or freedoms that are of fundamental importance to an human being
What is protected by human rights in the EU?
All legal persons (e.g. natural persons - humans and companies)
What are the two types of duties?
Negative/ liberty rights - Demand state to refrain from doing something
Positive/welfare rights - Demand state to do something
What is the role of case law in HR?
Judges must specify which duties follow from human rights
What are the 6 clusters of HR?
- Rights to the integrity of the person
- Freedom rights
- Political rights
- Welfare rights
- Equality and non-discrimination rights
- Fair trial and administration of justice
How does the law for a fair trial get its effect?
i. Limit what states can do. e.g. only punishing criminals after a trial
ii. control the functioning of judges
iii. require procedures for people whose human rights are violated
How does the COEU deal with conflicting HR?
privacy v freedom of expression have equal weight - solve in case-by-case balancing
When can there be limitations on HR?
Under certain requirements given national law and proportionality test.
Does the EU charter allow for national laws that require ‘general and indiscriminate’ retention of metadata?
No, as it is not proportional to the effects on regular citizens
