100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Institutional and Substantive Law Seminar Notes CA$11.87   Add to cart
Quickly navigate to
Preview
  2.  
  3. Universiteit Van Amsterdam (UvA)
  4.  
  5. 111215502Y

Class notes

Institutional and Substantive Law Seminar Notes

2 reviews
 50 views  8 purchases
  • Course
  • 111215502Y
  • Institution
  • Universiteit Van Amsterdam (UvA)

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.

Preview 2 out of 13  pages

Document information

  • August 31, 2022
  • 13
  • 2021/2022
  • Class notes
  • Anne van wageningen
  • All classes

Subjects

  • law cases
  • seminar cases
  • institutional and substantive law seminar
  • institutional and substantive law seminar notes
  • institutional law seminar notes
  • institutional and substantive law seminar cases

Written for

  • Universiteit van Amsterdam (UvA)
  • Institutional and Substantive EU Law
  • 111215502Y
All documents for this subject (2)

2  reviews

review-writer-avatar

By: aluapzipu • 9 months ago

review-writer-avatar

By: 12yaaac • 1 year ago

Seller

avatar-seller
smahd

Reviews received

Content preview

Institutional and Substantive Law Seminar

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

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller smahd. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$11.87. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

78998 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
CA$11.87  8x  sold
  • (2)
  Add to cart