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Public International Law > Week 12 > Flashcards

Week 12 Flashcards

1
Q

The Three-Step Proportionality Test

A

Appropriateness
Less Restrictive Means
Balancing (disadvantages must not outweigh the advantages)

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2
Q

Degrees of Judicial Review

A

Marginal Review
Full Review

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3
Q

Marginal Review

A

Used when lawmakers have a lot of freedom to decide how to act.
CJEU checks for clear mistakes
Respect for separation of powers

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4
Q

Full Review

A

Applied when decisions involve limited freedom or require stricter oversight.

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5
Q

Precautionary Principle

A

Aims to manage risks where scientific certainty is lacking but potential harm exists.

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6
Q

Precautionary Principle Origin

A

Initially ECJ but formalized by CFI

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7
Q

Pfizer case

A

Justifies protective measures by EU institutions when risks are uncertain

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8
Q

Risk Assessment Components

A

Must be thorough, based on latest scientific data and transparent

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Public International Law (6 decks)

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