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European Law > Theory w/o Cases > Flashcards

Theory w/o Cases Flashcards

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1
Q

Primacy / Supremacy of EU Law

A

EU law prevails over national law

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2
Q

Direct Effect

Definition

A

Definition: Binding legal prov. of EU law is immediately enforceable at national law

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3
Q

Direct Effect

Sources of EU Law

A

Primary: Treaties and Charter

Secondary: Regulations, Directives, Decisions, Recommendations and Opinions

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4
Q

Direct Effect

Objective Test

A

Whether a provision has direct effect depends on the wording of a provision and not the intention of the creators.

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5
Q

Direct Effect

Relevant Treaties

A

Art 288 TFEU
Art 6(1) TEU

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6
Q

Indirect Effect

definition

A

Interpretation of NL in light of and in conformity of EU Law.

All NL of any legal force, even if adopted prior to EU Provision

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7
Q

Indirect Effect

Indirect v Direct Effect

A
  • Indirect is more respectful towards national law –> avoid conflict
  • Direct Effect requires the disapplication of conflicting national rules
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8
Q

Direct Effect

3 Limits / Conditions

A
  1. Interpr. methods recognised by national law
  2. General Principles of Law
  3. No Contra Legem Interpretation
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9
Q

Legal Basis

Defintion

A

Art 2(6) TFEU

The scope of and arrangements for exercising the Union’s competence shall be determined by the provisions of the Treaties relating to each area

Competence of Union must have legal basis

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10
Q

Legal Basis

Construction of legal basis

A

Art 114 TFEU
Look at the who, how, what

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11
Q

Legislative v Non-Legislative Procedures

Separation of Powers

A
  1. Legislative Powers: EP + Council
  2. Executive : Comm. + Council + Eu Council
  3. Judicial: Court of Justice
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12
Q

Legislative v non-legislative procedures

Legislative initiative of commission

A

If:
* Non-legislative = Commission adopts
* Legislative = Comission initiates

Art 17(2) TEU
Exception: Art 289(4)

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13
Q

Legislative v non-legislative procedures

Requests for Commission to initiate

A

Art 225 TEU
Art 241 TFEU
Art 11(4) TEU

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14
Q

Legislative v Non - Legislative Procedures

Legislaitve Procedures Article

ordinary v special legislative procedure

A

Ordinary (Art 294 TFEU)
* Council and EP jointly adopt from the comission

Special (Art 289 TFEU)
* Council adopt regulation, directive, etc with participation of EP; or vice versa

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15
Q

Legislative v Non - Legislative Procedures

Innominate non-legislative procedure

A

If the EP isn’t consulted and does not adopt the act, procedure is non-legislative

Example: Art 43(3) TEU

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16
Q

Legislative v Non - Legislative Procedures

Entering into force of Measure

A

Legislative: Art 297(1) TFEU
Non-Legislative: Art 297(2) TFEU

17
Q

Legislative v Non - Legislative Procedures

Examples of Non-Legislative Acts

A
  1. Delegated Act (Art 290 TFEU)
  2. Implementing Act (Art 291 TFEU)
18
Q

State Liability

Conditions

A

3 Conditions for State Liability
1. Rule of law infringed must be intended to confer rights on individuals
2. Breach must be sufficiently serious
3. Must be a direct causal link between the breach of obligation resting on the State and the damage sustained by the injured parties

19
Q

Steps for State Liability

A

Indirect Effect –> Direct Effect –> State Liability

20
Q

Representative Democracy

Enshrined in…

A
  • Art 10 TEU
  • Art 1,2,7,9,11,14,12
21
Q

Competence

Defintion

A

Power to legislate and adopt legally binding acts
Art 2(1) , (2) TFEU

22
Q

Competence

Principle of Conferral

A
  • Art 1(1) TEU
  • Art 4(1) TEU
  • Art 5(1) TEU
  • Art 5(2) TEU
23
Q

Competence

Types of Competences

A

Exclusive: Art 2(1), 3 TFEU
Shared: Art 2(2), 4 TFEU
Ancillary: Art 2(5), 6 TFEU

Residual Competence: Art 2(5), 6 TFEU

24
Q

What is a Mandatory Requirement?

A

= A strict obligation / prohibiton which is applicable to everybody

Example wording: “Entitled” “Must” “Is a Right” etc.

European Law (3 decks)

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