Week 7 Flashcards
1
Q
What are the institutions of the EU?
A
The commission The council of ministers The European council The European parliament The European court
2
Q
Name secondary law
A
Regulations –> shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
Directive –> binding, as to the result to be achieved, upon each Member state to which it is adressed, but shall leave to the national authorities the choice of form and methods
Decision –> binding in its entirety. A decision which specifies those to whom it is adressed shall be binding only on them
Recommendations, opinions –> have no binding forces (soft law)
3
Q
Van Gend en Loos
A
Three criteria;
- It’s sufficiently clear and unconditional
- It must be unconditional and not dependent on any other legal provision
- It must confer a specific right upon which a citizen can base a claim
4
Q
The supremacy of EU law
A
- Incompatible national law is not applicable
- EU law prevails over national law
What happens to the national law?
- Is not applied
- Is annulled
- Leads to acquittal
- Gives rise to contract being void