Week 9 - The EU's Legal Framework and role of the Court of Justice

Question 1

The function of the Court of Justice (By the 3 treaties)

Answer 1

1. Rule on actions brought by a Member state, an institution or a natural or legal person
2. Give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions
3. It rules in other cases provided for in the Treaties

Question 2

Primary sources of the Court of Justice

Answer 2

• ‘Treaty on the Functioning of the European Union’ (TFEU)
• Lisbon Treaty
• ‘Treaty on the European Union’ (TEU)
• EU Charter of Fundamental Rights

Question 3

Secondary sources of the Court of Justice

Answer 3

1. Regulations
2. Directives
3. Decisions
4. Inter-institutional Agreements
5. Recommendations and opinions
6. Soft Law

Question 4

What was the function of the Formation of the Hierarchy of norms?

Answer 4

To allow for a better separation of power

Question 5

What principle regards The Origin of Power?

Answer 5

Principle of Conferral

Question 6

What is the Principle of Conferral? Article 1 (TEU)

Answer 6

Member States confer competencies to attain objectives they have in common

Question 7

What is the Principle of Conferral? Article 5 (TEU)

Answer 7

1. Governs the limit of the Union’s competencies
2. The Union shall act only within the limits of the competencies conferred upon it by the member states in Treaties to attain the objectives set out therein

Question 8

What 2 principles regard The Exercise of Powers?

Answer 8

1. Principle of Subsidiarity
2. Principle of Proportionality

Question 9

What is the Principle of Subsidiarity? Article 5 (TEU)

Answer 9

• In areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objective of the proposed action cannot be sufficiently achieved by the Member States
• The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality.

Question 10

What is the Principle of Proportionality? Article 5 (TEU)

Answer 10

• The content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties
• The institutions of the union shall apply the principle of proportionality as laid down in the protocol on the application of the principles of subsidiarity and proportionality

Question 11

What are the 2 judicial institutions in the EU?

Answer 11

1. General Court
2. Court of Justice

Question 12

What constitutional role does the Court of Justice have?

Answer 12

The power of the EU institutions, Member States

Question 13

What administrative role does the Court of Justice have?

Answer 13

Judicial Review

Question 14

What appellant role does the Court of Justice have?

Answer 14

Against judgments of the General Court

Question 15

What advisory role does the Court of Justice have?

Answer 15

Preliminary ruling

Question 16

How does the Court of Justices’ fining body operate?

Answer 16

Impose or review fines in competition law imposed by the General Court

Question 17

Methods of Interpretation in the Court of Justice

Answer 17

1. Textual
2. Contextual
3. Teleological (Purposive)

Question 18

What is textual interpretation?

Answer 18

Literal and specific meaning

Question 19

What is contextual interpretation?

Answer 19

Broader context of the normative instrument and preparatory work

Question 20

What is teleological (purposive) interpretation?

Answer 20

Particular of the normative instrument and broader of the treaties