This pdf contains all of the seminar notes, including case notes, taken during the first part of the Institutional and Substantive EU Law Course, being Institutional EU Law.
16.09.2021
Seminar 1
How to read a general framework of Court’s judgement
1. Facts of the case
- Context/development that lead to the case being introduced before CJEU
- How did events fold chronologically
- What was judicial solution adopted before the case was presented to the CJEU
2. Pleading before the Court
- Who are the parties before the case
- Plaintive = person, legal person (company)
- Defendant = party against plaintive
- Referring court (national) (primary ruling procedure)
- National courts asks CJEU asks interpretation Art 267
- Intervening parties (EU institution, MS)
- What is the question/plea before the CJEU?
3. Procedural Questions
- What is the type of question?
- Reference for preliminary rulings (initiated by National judge)
- Actions for failure to fulfil obligations
(ex: Hungary does not fulfil EU aims)
(Ex: Germany vs EU law → Principle of subsidiarity)
- Annulment
- Failure to act (MS had to act- timeframe 2 y passes→ so Commission
brought them before Court)
- Appeals
4. Relevant Legal Norms
- What are relevant legal norms?
- EU Treaties
- General principles
- International Law
- Legislative acts of Union (directies, regulations, decisions)
- Non legislative acts (Delegated / implementing acts / Councils
decision)
- National Law
- What are potential conflict
- Conflicting norms
5. Argument of parties involved in Dispute
- What are arguments prevented by the parties?
- Advocate General: gives advice (non binding) before CJEU
6. Legal Reasoning of the Court
- What arguments does the CJEU adopt
7. Consequences contribution to EU Law
, - What are immediate consequence
- Long term consequences (contribution to development of EU law)
- Ex: Van Gend en Loos→ created direct effect
- What things could be done differently? → amendments
Procedure that enables as judge to ask Court of EU for interpretation of Article→ Preliminary
Ruling Procedure
→ Validity
TEU: Establish the foundation of EU Art 2
+ Copenhagen Criteria 1993
Hierarchy of Norms (needs to be respected- lower norm can’t go above higher rule)
1. Treaties (TEU-TFEU) and Charter
2. International Agreements
3. General principles
4. Legislative acts of Union (directies, regulations, decisions)
5. Non legislative acts (Delegated / implementing acts / Councils decision)
6. National Law
Before Lisbon Treaty → EU Draft Constitution (referendum of MS)
- Failed→ had changed in Lisbon Treaty
Cases
1. Van Gend & Loos Case
- Landmark judgements because it established principle of direct effect and Primacy of
EU Law
- 1963
Problem at National Level→ Provision Art 117 = 267 TFEU
→ Preliminary Ruling around Art 12 (Now Art 30 TFEU)
- Van Gend→ claimed that CJEU needed to interpret national law would infringe EU
law
Question → If national judge is unclear→ preliminary ruling based on Art 267 to CJEU
Answer by Court: Art 12 is applicable as it is
- Any law or case contradicting Art 12 by imposing a duty → invoiced
- Established principle of Direct Effect: enables individuals to invoke a
EU provision before a national or EU court → directly applicable
- MS are BOUND to respect the Art without measures if Art is directly
applicable (direct effect)
- Enables natural persons to refer to that provision if their rights are
infringed
Mandatory conditions for application → 1. Provision must be clear and precise
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