All Articles and case EU Law Week 1-6 (610064-B-6)
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Course
EU Recht (610064B6)
Institution
Tilburg University (UVT)
Collection of every article and case law used in class lectures and post class tutorials from weeks 1-6. Including the Treaty on the Function of the European Union, The treaty on the European Union and Charter of Fundamental Rights. Includes topics such the freedom of movement, internal market, Mea...
European Union Law – Primary law and CJEU Rulings
Weeks 1-6 – Tilburg University 2023
Treaty on European Union (TEU)
2 – Union values e.g. human dignity, democracy, rule of law
3(3) – Establishment of Internal Market
4(3) – Duty of sincere cooperation
5 - Principles
5(2) – Conferral
5(3) – Subsidiarity
5(4) – Proportionality
7 – Suspension for article 2 violations
7(1) - Serious breach
7 (2) – Persistent breach
10 – Representative democracy, direct via EP, sui generis
10(2) - Indirect via EC and C(of m)
13 (1) – EU institution represents different interests
13(2) – Can only operate within own functions and procedures
15(1) – EC non legislative, sets general political direction and priorities
17 – Commission
17(1) – executive function overseeing application of law + infringement procedure(258)
17 (2) – Right to initiative of commission
17 (3) – Independent body
17(7) – President of commission
19 (1) – CJEU ensures consistent interpretation and application of the treaties (BINDING interretation
+ MS shall provide sufficient remedies
49 – Right to join EU
50 – Right of withdraw from EU
50(2) Unilateral right to revoke withdrawal (Wightman case)
Treaty on the Functioning of the European Union (TFEU)
, 3 – Exclusive competence
4(2) – Shared competence
6 – Supporting competence
18 – Prohibition of discrimination on the ground of nationality (in areas covered by EU Law)
[RESIDUAL RIGHTS APPLY IF 45 AND 49 DO NOT APPLY ALSO FOR 20-25] ***Cannot be
expelled but if unlawful residing cannot invoke right to equal treatment
20-25 – Union Citizenship rights
20 – European Union citizenship: it is a derivative status is derived from national citizenship of Ms,
it is an additional status meaning it shall not replace national citizenship
20(1) – Citizen of the Union
20(2)(a) – Right to freely reside in EU
21 – General right of free movement (also for economically inactive persons) is subject to limitations
and conditions in secondary legislation [THEREFORE IT IS A RESIDUAL(+conditional) RIGHT
only applies if there are not any more specific articles (such 45/49)
26(1) – Union can adopt measure to establish and ensure functioning of internal market
26(2) – IM areas without internal frontiers for four freedoms, goods/services/people/capital to remove
trade barriers + promote free circulation
28(1) Creation of Customs Union prohibiting customs duties on imports and exports and CEES
between MS [internal] + creation of common custom tariffs for third countries [external]
29 – Products from third countries are in free circulation in MS when passed import formalities and
custom duties or CEES have been levied - Donckerwolcke case
30 – Removal of fiscal barriers CUSTOM DUTIES and CEEs [cross border taxation]
31 – Council(m) sets custom traffics for third countries by Com proposal
34 – Prohibition of QUANTITATIVE RESTRICTIONS (QRS) on imports
35 – Prohibition of QR on exports
36 – Exceptions to QR (same level of mandatory requirements from CJEU law – environmental,
working conditions, fundamental rights) + PROPORTIONALITY – “shall not, however, constitute a means of
arbitrary discrimination or a disguised restriction on trade between Member States”
45(4) – Provisions on free movement of workers shall not apply to employment in the public service
49 – Economically active – self-employed
46 -EP and C(m) can issues directives and regulations under OLP fo free movement of workers
110 – Removal of direct or indirect fiscal barriers which are discriminatory and protective
INTERNAL TAXATION [internal tax scheme]
110(1) Similar products against discrimination – similar characteristics/same consumer need
110(2) Competing products against advantages national products – different production/properties can
be substituted
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