Exam (elaborations)
EU Law Year 2 RUG With Complete Solutions Latest Update
- Module
- European Union Law
- Institution
- European Union Law
EU Law Year 2 RUG With Complete Solutions Latest Update
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EU Law Year 2 RUG With Complete SolutionsLatest Update
Direct effect: primary law - correct answers Van Gend
Test: clear, precise, unconditional
Direct effect: secondary law - correct answers Regulations (Leonesio, Munõz)
Decisions (Grad)
Directives (Van Duyn, Marshall, Von Colson & Kamann)
Vertical Direct effect - correct answers Against the State and other public sector organs (doesn't allow the
State to fail their obligations, Van Duyn)
Horizontal Direct effect - correct answers Private entity against another private entity (Marshall, Facinni Dori) -
> prohibited
Faccini Dori:
- binding nature of the directive exists only in relation to MS it is addressed to
- directives can bind MSs only, it is not possible to place obligations on individuals, which have immediate
effect
Marshall:
- para 48 'the binding nature of a Directive ... exists only in relation to each MS to which it is addressed'
- legal certainty
- refers to Estoppel argument
,Reverse Vertical Direct effect - correct answers Public authority against a private party (Kolpinghuis para 9) ->
prohibited
Indirect Direct effect - correct answers Private party against private party (Von Colso and Kamann) -> once a
horizontal direct effect isn't enforceable
Direct effect VS Direct applicability - correct answers Direct effect: individuals can rely on provisions of
Community Law before national courts and administrators
Direct applicability: transpositing or further implementation is unnecessary
*not all directly applicable instruments are directly effective
Loyalty 4(3) TFEU (sincere cooperation) - correct answers A necessary precondition
- Limits the competence but MSs took it upon themselves to limit their sovereignty in respect to EU law
- To help, not to hinder
- Everyone is bound
Autonomy - correct answers Van Gend en Loos
- EU is a new legal order, independent
- Sovereignty is limited through the principle of conferral
Supremacy - correct answers Costa v. ENEL
- Precedence of EU law over coflictig national law - Supremacy / Primacy of the Union
,Estoppel argument - correct answers MS canot benefir from failure to implement - stopped from invoking
failure as defence
If an MS has failed to implement the directive it cannot rely on its failure to do so as defence agaist the
individual who wished to invoke the directive
* MS must first transpose the directive into national law before it can be enforced agaisnt individuals
Indirect effect (consistent interpretation) - correct answers - Interpretation of national law by national courts
in the light, spirit & manner which is consistent with EU law provisions
Dansk Industri: para 30-31
Faccini Dori: para 26
Enforecement of Values - correct answers Challenging because they are not part of the acquis (law)
Art 7 TEU aims to ensure that all EU MS respect the common value of the EU including the Rule of Law
Enforecement of EU Law - correct answers - Private enforcement: State Liability (Francovich, Köbler)
- Public enforcement
Infringement procedure Art 258 TFEU = Commission vs MS:
- 1) Informal notice
- 2) Formal notice
- 3) Reasoned opinion (Spanish Strawberries case)
- Star Fruit: brought action that the Commission had failed to commence proceedings under art 258 against
France; para 11, 12 (Commission has right NOT duty)
, * Culmination of Breaches: Commission can bring together several different infringements (Irish Waste Case
paras 196, 175)
Sanctions Art 259 TFEU:
* can be ineffective since sometimes non-compliance is a political choice
Comptences - correct answers 1) Exclusive: art 3 TFEU
2) Shared: art 4 TFEU (biggest group)
3) Supporting: art 6 TFEU
Yellow card procedure - correct answers The yellow card procedure is a procedure under which the national
parliaments of EU Member States can object to a draft legislative act on grounds of the principle of
subsidiarity. Under Article 5(3) and Article 12(b) of the Treaty on Economic Union, national parliaments
monitor compliance with the principle of subsidiarity in accordance with the procedure set out in Protocol (No
2) on the application of the principles of subsidiarity and proportionality.
General principles - correct answers Stauder: even though there are no actual rules -> commonly accepted
ones are recognized as general principles
Internationale Handelsgeselschaft: MSs do not need to to protect fundamental rights, the Court will do that
Nold: the Court cannot uphold measures which are incompatible with the fundamental rights
Laserdisken: the Court draws inspiration from cosntitutional traditions common to MSs
Legal basis - correct answers Indiates who may adopt the act, what the act may contain, and what procedure
must be followed to adopt it
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