81566
Description
Flashcards by cbarrass-evans, updated more than 1 year ago
|
Created by cbarrass-evans
over 11 years ago
|
|
| Question | Answer |
| Article 2(1) TFEU | exclusive competence; the areas in which only the EU can legislate |
| Article 3(1) TFEU | areas of exclusive competence; includes customs union, competition rules for the internal market, monetary policy, conservation of marine biological resources under the common fisheries policy, common commercial policy |
| Marleasing | whilst Von Colson was a situation of incorrect implementation of the directive, Marleasing extended it to situations where not implemented at all |
| Article 3(2) TFEU | conditional exclusivity; EU has competence to make international agreements, where provided for in a legislative act or necessary to enable the union to exercise its internal competences |
| Article 2(2) TFEU | shared competences; "when the treaties confer on the Union a competence shared with the member states in a specific area, the Union and the member states may legislate and adopt legally binding acts in these areas". The member states are to use their competences to the extent that the Union has not used its own |
| Adeler and Others | Marleasing principle in direct effect will only apply where the implementation period has passed |
| Article 2(5) TFEU | allows the EU to take action to support, coordinate or supplement member states, thereby superseding their competence in these areas |
| Article 6 TFEU | outlines the support, coordination and supplement areas: culture, tourism, education, civil protection, etc |
| Article 5 TFEU | competences: economic, employment and social policy; MS need to coordinate their economic policies within the union, so the Council shall adopt guidelines for such policies; the commission can take action to ensure the coordination of the employment policies of the MS; the Union can take initiatives to ensure social coordination |
| CIA Securities | incidental horizontal effect - security system didn't meet Dutch standards. C argued that Dutch standards were not compliant with EU standards. Successful: directive's aim had been to have common specifications throughout Europe, and any deviation had to be brought to Commission's notice |
| Article 2(4) TFEU | union competence to define and implement a common foreign and security policy, including the 'progressive framing' of a common defence policy |
| Decisions | (A288) decisions are binding in their entirety; directly applicable and binding only on whom it addresses |
| Regulations | binding in entirety; directly applicable; address all member states and natural persons |
| Directives | binding only as to the result to be achieved, member states choose how; aimed at all or specific member states, not individuals |
| Majone | there is no democratic deficit, as long as policies are efficiency-oriented and there are accountability measures in place. Democracy will follow |
| Francovich | State Liability - Italy failed to adopt directive proscribing compensation funds for employees of insolvent companies; ECJ: "the principle of liability for damage to individuals caused by a breach of Community law for which a state is responsible is inherent in the scheme of the Treaty". Justified it on the finding that otherwise the "full effectiveness of Community rules would be impaired and the protection of rights which they grant would be weakened" |
| Requirements for State Liability | relevant measure intended to confer rights; sufficiently serious breach; causation |
| Brasserie du Pucheur; Factortame (No 3) | to be sufficiently serious for state liability, there must be a "manifest and grave disregard" for the limits on the exercise of its discretion |
| Kobler | national courts can give rise to an action in state liability |
| Traghetti del Mediterraneo | state liability - no need for intentional fault or serious misconduct on part of the state |
| Article 52(2) TFEU | covers overlap between existing EU principles and the Charter, providing that the charter "shall be exercised under the conditions and within the limits defined by those Treaties" |
| Article 52(3) TFEU | tackles the tricky relationship between the ECHR and Charter |
| Article 6(2) TFEU | accession to ECHR |
| Bord Bainne Cooperative v Intervention Board | enforcement actions; force majeure; "not limited to absolute impossibility", but it needs "abnormal and unforeseeable circumstances, the consequence of which... could not have been avoided except at the cost of excessive sacrifice" |
| Commission v Italy (enforcement) | force majeure; may be allowed in cases where, e.g., bomb attack; unsuccessful here |
| Protocol 30 on the Application of the Charter of Fundamental Rights to Poland and the United Kingdom | not technically an opt out; rather it states "noting the wish of Poland and the United Kingdom to clarify certain aspects of the application of the Charter"... A1(1) Charter doesn't extend the ability of the ECJ or any court or tribunal in UK or Poland to find their actions are inconsistent with the Charter A1(2) nothing in the charter creates justiciable rights in the UK or Poland, except insofar as they are provided for in domestic law |
| Commission v Greece | enforcement; defences; illegality not a defence, other methods states can use to avoid illegal measures (JR) |
| Article 258 TFEU | outlines the enforcement actions procedure |
| Commission v United Kingdom (enforcement) | enforcement; defences; reciprocity not accepted as a defence |
| Commission v Spain | enforcement; defences; difficulties of a technical, political or institutional nature is not accepted as a defence |
| Article 17(1) TFEU | role of commission is to "promote the general interests of the union and take appropriate initiatives to that end. It shall ensure the application of the treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under its control of the Court of Justice" |
| Article 267 TFEU | preliminary rulings procedure |
| Enforcement procedure | A258 - commission delivers a reasoned opinion on the matter; deadline imposed for state-compliance |
| Article 267(2) TFEU | domestic courts have discretion over whether to refer for a preliminary ruling |
| Article 267(3) TFEU | no discretion over whether a final court of appeal refers |
| Harmonisation Competences | A114 - union can adopt measures for the approximation of national laws which have as their object the establishment and functioning of the internal market |
| Elastic clause | A352 - allows measures (necessary to achieve the objectives of a treaty) not provided for in a treaty to be adopted where proposed by commission; unanimously approved by the Council; assented to by EP |
| Yellow card procedure Protocol on the Application of the Principles of Subsidiarity and Proportionality | all legislative proposals are sent to national parliaments; 8 weeks to send reasoned opinion of non-compliance with subsidiarity; each parliament gets 2 votes; if 1/3 of votes express non-compliance, it must be reviewed |
| Starfruit v Commission | enforcement; wording in A258 "considers" infers a discretion; action failed against the commission for not acting |
| Orange Card Procedure Protocol on the Application of the Principles of Subsidiarity and Proportionality | YCP, but more than 1/2 of votes; commission refusal to amend; EP (maj) and council (Q maj) can vote to stop consideration before first reading |
| Machinabau | preliminary rulings; ECJ may extract from the elements of the case the Qs of interpretation or validity which alone fall within its jurisdiction |
| Declaration 17 | "in accordance with well-settled case law... the treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of member states" |
| Factors for whether a body is a court or tribunal | body established in law; permanent and compulsory jurisdiction (Nordsee); adversarial procedure; applies rule of law; independent of the state; must be dispute resolution, not eg admin (Niebull) |
| Article 17 Treaty on the European Union | powers of the commission; needs to "promote the general interests of the Union and take appropriate initiatives to that end" |
| Broekmeulen | preliminary rulings; court or tribunal; appeals committee for general medicine; considered court or tribunal |
| Functionalism | prominent in '50s; integration best furthered by focusing initially on economic sectors, managed efficiently and technocratically by a supranational entity outside the fray of national politics |
| Commission v Ireland | enforcement; the deadline imposed for state-compliance can't be too short |
| Acte Clair | preliminary rulings; don't have to refer where it would be unnecessary because the answer is considered obvious |
| Neo-Functionalism | integration as a process not an outcome; collective pursuit of mutually beneficial goals leading to economic prosperity |
| Costa v ENEL | opposed nationalisation of energy companies in Italy, claiming that it violated the constitution and the Treaty of Rome; ECJ held that "It follows from all these observations that the law stemming from the treaty, an independent source of law, could not, because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as community law and without the legal basis of the community itself being called into question" - 'new legal order' would be undermined otherwise |
| Inter-Governmentalism | states and national governments are the key actors; so powers should be vested in the Councils not EP? |
| Da Costa | preliminary rulings; have to refer?; previous ruling on the point may mean no obligation, but see ICC case |
| Treaty of the EU | created the 3 pillars: European Community, Foreign and Security policy, justice and home affairs |
| Brunner v EU Treaty | member states conferred the competences upon the Union, so it is legitimate that the Union is supreme - |
| ICC Case | preliminary ruling; obligation to refer; just because there is a previous ruling on the point doesnt mean cant refer |
| Treaty of Amsterdam | shifted responsibilities of the third pillar into EC |
| Article 16 Treaty on the European Union | power of Council, "jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions as laid down in the treaties |
| Van Gend en Loos | first case to mention supremacy: the foundation of the judgement in Costa v ENEL |
| Foglia (No 2) | preliminary rulings; ECJ duty to reply?; held that they were the ultimate decider of their jurisdiction |
| Internationale Handlegesellschaft | ECJ: the legal status of a conflicting national measure not relevant to Q of whether EU law should take precedence, i.e. constitutional or not; to avoid "adverse effect on the uniformity and efficacy of Community Law" |
| Article 15 Treaty on the European Union | Euro Council powers; provides a formal place of meeting; doesn't perform legislative tasks but it helps to "define the general political direction" of the EU |
| Laurenco Dias | preliminary ruling; ECJ duty to reply?; Qs irrelevant to the dispute, don't have to |
| Commission v France | enforcement; action for inadequate implementation; French law that breached EU discrimination rules, Govt argued that they'd issued guidelines etc urging the EU law importance; Held, still a positive obligation to implement properly because of legal certainty issues |
| Telemariscabruzzo | preliminary rulings; court will refuse to hear ruling concerning a case in which the facts are unclear |
| Simmenthal | ECJ rejected an argument that national court couldn't just refuse to apply domestic law: it should first go to constitutional court. Rejected because it doesn't need to declare it null and void; merely needs to refuse to apply it |
| Solange I | German CC - acceptance of supremacy conditional upon non-conflict with fundamental laws of Germany, particularly rights protection |
| Solange II | German CC - EC now has rights protection, so German CC not not entitled to apply discretion as to what was followed, as long as EC and ECJ affords protection to human rights |
| Honeywell | German courts will refuse to apply EU law where they believe it to be Ultra Vires |
| Lisbon case (Ger) | EU law not followed if it infringes on Germany's constitutional identity: state must have a role in criminal law, war and peace, public expenditure and taxation, welfare, culture/religion |
| Factortame | demonstration of UK's relaxed approach to Supremacy compared to Germany, Poland etc. Lord Bridge: EU law is supreme because of voluntary conferral and so limitation of sovereignty |
| Commission v United Kingdom | enforcement action; failure to give effect to EU measures; Working Hours Directive, but guidelines issued played down importance of compliance; breach: guidelines were liable to create a culture of non-compliance |
| Reynes v Belgium | 3 requirements for direct effect: sufficiently clear and precise; unconditional obligations; complete and legally perfect (no further enactment) |
| R v Bochereau | enforcement actions; failure by national courts; can find a breach where the national court "deliberately disregarded or ignored EC law" |
| Article 259 TFEU | enforcement by other states; procedure to be followed is outlined (see other card) |
| Enforcement actions by other states | member state takes the matter before the commission; commission gives opportunity for opinions from both member states; commission delivers reasoned opinion, 3 months to reply; matter bought before the court |
| Defrenne v Sabena Airlines | air hostess; unequal pay on sex-discrimination. Demonstrates the horizontal direct effect of regulations, treaties and decisions |
| Van Duyn v Home Office | scientologist; denied entry to UK on grounds of public policy; directive stated that any derogation must be based on behaviour; ECJ: directives can have direct effect as long as they fulfil the requirements in Reynes v Belgium |
| France v United Kingdom | enforcement by member states under A259; dispute over fishing net mesh sizes |
| Marshall v Southampton and South-West Hampshire AHA | retirement age discrimination, contravening a directive; ECJ: directives do not have horizontal direct effect, but Hospital is public body so available |
| Penalties attached to enforcement actions | can be penalised by lump sum or periodic payment orders Flat rate of 500 euros a day, factors in the seriousness, multiplied by duration |
| Article 14 Treaty on the European Union | EP and Council exercise legislative and budgetary functions jointly - co-decision is not the OLP |
| Article 294 Treaty on the Functioning of the European Union | legislative process outlined |
| Legislative Procedure (i) - First Reading | EP - committee scrutiny of Com's proposal in the EP; suggests amendments and invites comment from com; if Com rejects amendments, back to committee Council - receives EP position, either accepts and adopts in that wording, or send detailed reasoning of amendments made |
| Paul Craig on Directives | 'Textual argument' - addressed to member states, not individuals. citizens are to get their rights from national laws when member states implement them 'Legal certainty' argument - not as important now that freely published |
| Legislative process (ii) - second reading | EP - receives council position, sent to committee to attempt reconciliation; EP has 3 months to accept it, reject it or amend it; amendments only allowed where they are to restore the EP's first reading position, broker a compromise or amend part that wasn't in first reading Council - 3 months to accept or reject; if rejected, Conciliation Committee, who seek to broker compromise in 6 weeks; if fail to do so, not adopted, if succeed, goes to EP and Council for a vote (third reading) |
| Council Voting Requirements - Luxembourg Compromise | effective veto given to states in matters which concerned 'very important national interests' - very intergovernmentalist |
| Post-Lisbon Council Voting Requirements | the treaty in Q can now prescribe unanimity or simple majority in the Council; normal requirement is now that qualified majority voting takes place |
| The 'Passerelle' Clause | the European Council can authorise a QM vote where normally requires unanimity, if they get approval from the member states and the European Parliament |
| Foster v British Gas | broadening of the concept of the state as to lessen the harshness of vertical direct effect only; part of the state if they are "providing a service under the control of the state, and has for that purpose special powers" |
| Article 16(4) TFEU | From 1 Nov 2014, QM will always be 55% of the Council, representing states comprising 65% of Union population, at least 15 member states |
| Article 290 TFEU | EP can revoke delegated legislation by majority; Council by QM |
| Ex Ante restraint | objectives, content, scope and duration of the delegation must be specified |
| Article 291 TFEU | implementing acts: states shall adopt all measures of national law necessary to implement legally binding Union Acts |
| Advisory procedure (implementing acts) | commission delivers opinion on taking the Committee deliberations into account |
| Examination procedure (implementing acts) | less used; applies to Acts of general scope; committee delivers opinion, only adopted if approved Committees made up of representatives of member states |
| Von Colson | duty of sympathetic interpretation (indirect effect) - C didn't get a job because of his sex; national law reimbursed travel costs to interview etc but no compensation. Equal Opportunities Directive allowed for compensation; ECJ held he was entitled to it to fulfil the purpose of the directive |
| Article 5(2) TFEU | "under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the member states in the Treaties" |
Want to create your own Flashcards for free with GoConqr? Learn more.