The law of Europe and Human Rights

Question 1

What is the primary EU law?

Answer 1

• Treaty on the European Union (TEU)
• Treaty on the Functioning of the European
  Union (TFEU)

Question 2

What are the sources of EU law?

Answer 2

• Regulations
• Directives
• Decisions
• Case law, Court of Justice of the EU (CJEU)

Question 3

How does a regulation work?

Answer 3

A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States

Question 4

How does a directive work?

Answer 4

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.

Question 5

What are the differences between regulations and directives?

Answer 5

Directives have more differences between member states (up to them to interpret) so less harmonisation

Question 6

What are the main institutions of the EU?

Answer 6

• 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

Question 7

How does the CJEU interpret rules?

Answer 7

Harmoniously for member states, National judges can ask CJEU for advice if they don’t know how to interpret EU law.

Question 8

Does the CJEU decide directly in the case when asked for advice?

Answer 8

No, After the CJEU case the national judge must still decide

Question 9

What is the legislative procedure?

Answer 9

1. Commission (EC) submits a proposal to European Parliament (EP) and Council
2. EP adopts its position and communicates it toCouncil
3. If the Council approves the EP’s position, the act is adopted in the wording of the EP version

Question 10

What are the main arguments in favour of free trade?

Answer 10

1. Economic benefits for consumers

2. Less chance of war when countries are trading partners

Question 11

What are the four freedoms?

Answer 11

1. Goods
2. Persons
3. Services
4. Capital

Question 12

What does the EU prohibit in the internal market?

Answer 12

• quantitative restrictions
• customs duties
• other measures that hamper movement

Question 13

What are the limitations on the power of the EU

Answer 13

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

Question 14

what are requirements for a legal basis?

Answer 14

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.

Question 15

What is subsidiarity?

Answer 15

EU should only use its powers where it can perform a task better than the Member States could do themselves

Question 16

When should the EU act?

Answer 16

1. Adopted measure is suitable to achieve the desired end
2. Measure is necessary to achieve this end
3. Measure is not worse than the problem it wants to address (proportionality stricto sensu)

Question 17

What are 3 factors of Euroscepticism?

Answer 17

1. EU can be seen as more of a common market than a community of citizens.
2. EU grew too large too quickly
   i. Big differences east/west and north/south
   ii. Decision-making became harder
3. Democratic deficit of the EU

Question 18

What are human rights?

Answer 18

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

Question 19

What is protected by human rights in the EU?

Answer 19

All legal persons (e.g. natural persons - humans and companies)

Question 20

What are the two types of duties?

Answer 20

Negative/ liberty rights - Demand state to refrain from doing something
Positive/welfare rights - Demand state to do something

Question 21

What is the role of case law in HR?

Answer 21

Judges must specify which duties follow from human rights

Question 22

What are the 6 clusters of HR?

Answer 22

1. Rights to the integrity of the person
2. Freedom rights
3. Political rights
4. Welfare rights
5. Equality and non-discrimination rights
6. Fair trial and administration of justice

Question 23

How does the law for a fair trial get its effect?

Answer 23

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

Question 24

How does the COEU deal with conflicting HR?

Answer 24

privacy v freedom of expression have equal weight - solve in case-by-case balancing

Question 25

When can there be limitations on HR?

Answer 25

Under certain requirements given national law and proportionality test.

Question 26

Does the EU charter allow for national laws that require ‘general and indiscriminate’ retention of metadata?

Answer 26

No, as it is not proportional to the effects on regular citizens