Week 7 Flashcards

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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
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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)

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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
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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
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