unit 2

Question 1

Subsidiarity

Answer 1

in the field of shared competences, the member states, the EU can
reach EU goals by its measures
/Can the Union do better than its MS?

Question 2

Why is there Art 51 of Fundamental Rights Charter?

Answer 2

Political reason
To appease MS
Does no harm

why mentioned: superflus, it made
the charter more likeable, more easily accepted by the member states

Question 3

Wachauf

Answer 3

When MS have leeway in how to implement a directive, then they should regard EU fundamental rights

Question 4

ERT

Answer 4

according to which MS must respect EU
fundamental rights, when they NEARLY restrict fundamental freedoms/ EU
Law

Question 5

Akerberg

Answer 5

whenever a MS takes any action in the field of fundamental
rights, linked to the application of EU Law, it is bound to the charter

Question 6

Critique on akerberg?

Answer 6

ECJ has gone too far

Question 7

Changes after akerberg?

Answer 7

Sufficient nexus / connection needed to EU law (Annibaldi & X and X)

Question 8

Angonese Case (horinzontal direct effect)

Answer 8

ECJ: fundamental freedom of workers applicable between
private persons: Raccanelli also confirmed

Question 9

Mangold

Answer 9

discriminated on the grounds of his age: claiming that there was
a directive prohibiting, ECJ ruled that directive was expression of
fundamental right of prohibiting discrimination, so it can be invoked
between private persons -> unclear however if directive or fundamental
rights or all together presented the horizontal effect

Question 10

Are directives normally with horizontal effect?

Answer 10

No

Question 11

Defrenne

Answer 11

the prohibition of discrimination applied equally to all agreements intended to regulate paid labour collectively, ‘as well as to contracts between individuals

Question 12

Kücükdeveci

Answer 12

extends the scope of application of EU law at least to secondary legislation which is rooted in the general principles jurisprudence and reaffirms the primacy of the ‘Union standard’ in the field of fundamental rights

Question 13

Egenberger

Answer 13

in Articles 21 and 47 of the Charter which are capable of producing horizontal direct effect.
⇒ Because it was precise enough

Question 14

AMS

Answer 14

Article 27 could not be made applicable in proceedings between private parties in order to exclude the application of a provision of national law (para 48).

Article 27 itself required clearly implementation by additional provisions of EU or national law because of its open wording (paras 44-45)

Question 15

Law based on article 51 charter?

Answer 15

No secondary law can be based on the charter itself
(EU can make human right policies but based on principles TFEU)

Question 16

Article 52 of charter aim

Answer 16

deals with impact of other instruments on the charter

Question 17

Article 52 charter

Answer 17

Art 52 = key provision
-defines scopes of protection
-defines restrictions (exceptions/‘Schranken’) and limitations to exceptions (‘Schrankenschranken’)
-By law
-proportionality

Question 18

art 52 Paragraph 1 (key points)

Answer 18

1. Principle of proportionality (schrankenschranke): if EU law is applicable as far it is proportionate
2. Scope must be understood being identical to corresponding right in the
   TEU and TFEU: transfer clause: meant to ensure identity of charter and
   treaty provisions
3. standard of review = how strictly a court proofs acts of administration (meeting objectives)