147588
Description
Flashcards by haideh_hillier, updated more than 1 year ago
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Created by haideh_hillier
over 11 years ago
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| Question | Answer |
| In what circumstances must obstacles to free moment caused by differing national law be acceptable? | when there is no community-wide law. Member states can regulate the area in their own territory, but member state has to satisfy the mandatory requirement, public health, consumer protection,security, preservation of national treasure. It has to be proportionate. |
| What kind of national laws are capable of being MEGR? | 1: those restricting goods by colour, size, shape or label 2: Goods that have to conform to specific standards. 3: Law that is capable of influencing traders. Commission v Ireland (buy Irish) |
| Cassis De Djion (Cassis rule of reason) principal. provides justification beyond art 36. import of Cassis to Germany. | When there is no community wide law, hinderance caused by a member states is acceptable so long as nation law does not go beyond what is necessary to achieve the aim(principal of proportionality) and satisfy the mandatory requirement. 2: Mutual recognition , good lawfully produced in one county is acceptable in others. |
| Article 34 TFEU | 1 Quantitative restriction 2. measure equivalent of quantitative restriction |
| Keck supermarket selling at loss to increase its sale and capture shoppers | National law restricting or prohibiting sale of goods does not fit in Article 34 provided 1: applies to all traders 2:They effect the national or other member states in law and in fact (has to be non discriminatory indistinctly applicable) |
| Article 30 TFEU | Any fiscal rule on import or export is in breach of article 30 and has MEQR |
| Mandatory requirement under Cassis de Djion | Public health public policy public securtiy |
| Article 151 TFEU | Fundamental social rights of workers. promotion of employment,improvement of living and working condition, development of human resources, dialogue between management and labour force. Member states and community to have joint role |
| Article 153 of TFEU H & S | implements Article 153 excluding harmonisation. member state to take the role and community assisting. |
| Article 157 TFEU | Member state to apply equal pay for equal work and equal treatment. Council dictating members adopt |
| Article 156 TFEU | Commission encourages EU member on social policy regarding labour law and condition employment,social security, occupational hygiene and H @ S, by establishing guidelines, research best practice. |
| Foster v British gas [1990] Defines public body. | enforce directive against a state or emanation of state |
| Van Gend en Loos v netherlands adminstratie der Blastingen | Criteria: treaty articles are directly effective if it is clear, precise, unconditional and no room for discretion |
| directive 2003/88 working time directive | hours of weekly, daily work. rest time and breaks. annual leave night work and shift work. |
| Von Colson principal (principal of indirect effect) two female social workers claim discrimination and seeking remedy form German Court. | Member state (national courts) have to interpret the directive to fulfil the objective of the treaty |
| Rattie Unimplemented directive | Directive have direct effect if it is clear and unconditional and the time for implementation has passed |
| Harmonisation | ??? |
| Subsidiarity | ?? |
| Direct effect/ directly effective | Individual can bring a case or defend his case in national court base on EU law |
| Directly applicable | Eu law that takes effect on all member states as soon as it is passed |
| Dual vigilance (EU context) | Commission, member states and individuals observe breach of EU law. |
| Commission v. UK: Re UHT Milk protection of health. | Member state wishing to derogate from Art 36 have to prove the burden of health risk. |
| Negative integration | It is removing barriers to single market such as Cassis de Dijon |
| Positive integration | harmonising a common policy such as harmonising food labelling. |
| Answering questions regarding art 34 | Art 34...Example...Good...Measure...QR/MEQR... Distinctly/indistinctly..... Art 36 (disguise/disproportionate/arbitrary)...Cassis 1...Cassis 2 |
| Cassis mandatory requirement | National law can be justified on public interest ground take priority over free movement of goods. Safety Health, environment, consumer protection. |
| Preliminary Reference | Interpretation of EU law by CJEU referred by court of member state. |
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