Theory w/o Cases Flashcards
Primacy / Supremacy of EU Law
EU law prevails over national law
Direct Effect
Definition
Definition: Binding legal prov. of EU law is immediately enforceable at national law
Direct Effect
Sources of EU Law
Primary: Treaties and Charter
Secondary: Regulations, Directives, Decisions, Recommendations and Opinions
Direct Effect
Objective Test
Whether a provision has direct effect depends on the wording of a provision and not the intention of the creators.
Direct Effect
Relevant Treaties
Art 288 TFEU
Art 6(1) TEU
Indirect Effect
definition
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
Indirect Effect
Indirect v Direct Effect
- Indirect is more respectful towards national law –> avoid conflict
- Direct Effect requires the disapplication of conflicting national rules
Direct Effect
3 Limits / Conditions
- Interpr. methods recognised by national law
- General Principles of Law
- No Contra Legem Interpretation
Legal Basis
Defintion
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
Legal Basis
Construction of legal basis
Art 114 TFEU
Look at the who, how, what
Legislative v Non-Legislative Procedures
Separation of Powers
- Legislative Powers: EP + Council
- Executive : Comm. + Council + Eu Council
- Judicial: Court of Justice
Legislative v non-legislative procedures
Legislative initiative of commission
If:
* Non-legislative = Commission adopts
* Legislative = Comission initiates
Art 17(2) TEU
Exception: Art 289(4)
Legislative v non-legislative procedures
Requests for Commission to initiate
Art 225 TEU
Art 241 TFEU
Art 11(4) TEU
Legislative v Non - Legislative Procedures
Legislaitve Procedures Article
ordinary v special legislative procedure
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
Legislative v Non - Legislative Procedures
Innominate non-legislative procedure
If the EP isn’t consulted and does not adopt the act, procedure is non-legislative
Example: Art 43(3) TEU
Legislative v Non - Legislative Procedures
Entering into force of Measure
Legislative: Art 297(1) TFEU
Non-Legislative: Art 297(2) TFEU
Legislative v Non - Legislative Procedures
Examples of Non-Legislative Acts
- Delegated Act (Art 290 TFEU)
- Implementing Act (Art 291 TFEU)
State Liability
Conditions
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
Steps for State Liability
Indirect Effect –> Direct Effect –> State Liability
Representative Democracy
Enshrined in…
- Art 10 TEU
- Art 1,2,7,9,11,14,12
Competence
Defintion
Power to legislate and adopt legally binding acts
Art 2(1) , (2) TFEU
Competence
Principle of Conferral
- Art 1(1) TEU
- Art 4(1) TEU
- Art 5(1) TEU
- Art 5(2) TEU
Competence
Types of Competences
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
What is a Mandatory Requirement?
= A strict obligation / prohibiton which is applicable to everybody
Example wording: “Entitled” “Must” “Is a Right” etc.
