Podcast
Questions and Answers
Aoife can practice law in Germany without any additional education or language proficiency.
Aoife can practice law in Germany without any additional education or language proficiency.
False (B)
Article 49 TFEU guarantees the right of EU nationals to establish themselves in another Member State.
Article 49 TFEU guarantees the right of EU nationals to establish themselves in another Member State.
True (A)
Aoife is required to practice under the supervision of a qualified German lawyer for 5 years before opening her own office.
Aoife is required to practice under the supervision of a qualified German lawyer for 5 years before opening her own office.
False (B)
The German Bar Council's requirements for Aoife are absolute and cannot be challenged under EU law.
The German Bar Council's requirements for Aoife are absolute and cannot be challenged under EU law.
The freedom of establishment rights under Article 49 TFEU apply to regulated professions such as law.
The freedom of establishment rights under Article 49 TFEU apply to regulated professions such as law.
To protect the interest of clients, language proficiency requirements are deemed justified under EU law.
To protect the interest of clients, language proficiency requirements are deemed justified under EU law.
Aoife's status as a qualified solicitor in Ireland grants her unrestricted rights to practice law anywhere in the EU.
Aoife's status as a qualified solicitor in Ireland grants her unrestricted rights to practice law anywhere in the EU.
Restrictions on the freedom of establishment can be permissible if they are justified by legitimate public interest objectives.
Restrictions on the freedom of establishment can be permissible if they are justified by legitimate public interest objectives.
The new Italian government's legislation is increasing funding for grassroots rugby.
The new Italian government's legislation is increasing funding for grassroots rugby.
Under Article 21 TFEU, all EU citizens have the right to free movement and residence within the EU.
Under Article 21 TFEU, all EU citizens have the right to free movement and residence within the EU.
Directive 2004/38/EC states that non-EU family members have no rights regarding residence in the EU.
Directive 2004/38/EC states that non-EU family members have no rights regarding residence in the EU.
The principle of non-discrimination under EU law allows for measures that discriminate based on nationality.
The principle of non-discrimination under EU law allows for measures that discriminate based on nationality.
Pauline's husband, as an American, does not have the right to reside in Italy under EU law.
Pauline's husband, as an American, does not have the right to reside in Italy under EU law.
The Italian authorities can deny a residence permit to a non-EU spouse for any reason.
The Italian authorities can deny a residence permit to a non-EU spouse for any reason.
The Italian legislation cutting funding for grassroots rugby may restrict the freedom of establishment under Article 49 TFEU.
The Italian legislation cutting funding for grassroots rugby may restrict the freedom of establishment under Article 49 TFEU.
EU law does not apply to private citizens moving between EU member states.
EU law does not apply to private citizens moving between EU member states.
An individual is considered of 'individual concern' only if they are affected by the act due to unique circumstances that distinguish them from all other persons.
An individual is considered of 'individual concern' only if they are affected by the act due to unique circumstances that distinguish them from all other persons.
Article 263 TFEU provides five grounds on which an annulment action may be brought.
Article 263 TFEU provides five grounds on which an annulment action may be brought.
Misuse of powers occurs when a measure is enacted for the purposes explicitly stated.
Misuse of powers occurs when a measure is enacted for the purposes explicitly stated.
Regulations, directives, and decisions are examples of measures subject to annulment under Article 263 TFEU.
Regulations, directives, and decisions are examples of measures subject to annulment under Article 263 TFEU.
An institution that exceeds its competences conferred by Treaties can be annulled under Article 263 TFEU.
An institution that exceeds its competences conferred by Treaties can be annulled under Article 263 TFEU.
A communication from the Commission can be challenged if it lacks binding legal effects.
A communication from the Commission can be challenged if it lacks binding legal effects.
Fundamental rights violations fall under the infringement of treaties ground for annulment.
Fundamental rights violations fall under the infringement of treaties ground for annulment.
If the CJEU annuls a measure, it is considered void from its inception.
If the CJEU annuls a measure, it is considered void from its inception.
The principle of proportionality restricts EU action to what is absolutely necessary for achieving its goals.
The principle of proportionality restricts EU action to what is absolutely necessary for achieving its goals.
The complexity of application for EU competences has been entirely resolved by the Lisbon Treaty.
The complexity of application for EU competences has been entirely resolved by the Lisbon Treaty.
The Lisbon Treaty has eliminated the concerns around the democratic deficit in EU's decision-making.
The Lisbon Treaty has eliminated the concerns around the democratic deficit in EU's decision-making.
National governments generally welcome the transfer of powers to the EU, especially in the areas of taxation and foreign policy.
National governments generally welcome the transfer of powers to the EU, especially in the areas of taxation and foreign policy.
The Brexit referendum illustrated how disputes over EU competences can influence populist movements.
The Brexit referendum illustrated how disputes over EU competences can influence populist movements.
The Lisbon Treaty categorizes competences into exclusive, shared, and consultative competences.
The Lisbon Treaty categorizes competences into exclusive, shared, and consultative competences.
The role of the European Parliament was strengthened by the Lisbon Treaty in legislative processes.
The role of the European Parliament was strengthened by the Lisbon Treaty in legislative processes.
The principles of conferral, subsidiarity, and proportionality are not part of the EU's framework for regulating competences.
The principles of conferral, subsidiarity, and proportionality are not part of the EU's framework for regulating competences.
EU nationals can be discriminated against based on nationality in the context of unemployment benefits.
EU nationals can be discriminated against based on nationality in the context of unemployment benefits.
Mary can apply for unemployment benefits in France despite not being a French national if she meets certain conditions.
Mary can apply for unemployment benefits in France despite not being a French national if she meets certain conditions.
Article 45 TFEU allows EU nationals the right to reside freely within the EU without any conditions.
Article 45 TFEU allows EU nationals the right to reside freely within the EU without any conditions.
Mary’s refusal for unemployment benefits in France was solely because she is not a French national.
Mary’s refusal for unemployment benefits in France was solely because she is not a French national.
Directive 2004/38/EC guarantees the right to social benefits for all EU citizens regardless of their employment status.
Directive 2004/38/EC guarantees the right to social benefits for all EU citizens regardless of their employment status.
To claim unemployment benefits under EU law, an EU national must have been employed for at least one year in the host state.
To claim unemployment benefits under EU law, an EU national must have been employed for at least one year in the host state.
Mary has the right under EU law to practice law in France without passing the French bar exam.
Mary has the right under EU law to practice law in France without passing the French bar exam.
Case law such as C-85/96, MartÃnez Sala, may influence the interpretation of rights for EU nationals in accessing social benefits.
Case law such as C-85/96, MartÃnez Sala, may influence the interpretation of rights for EU nationals in accessing social benefits.
The C-413/99 Baumbast case upheld the UK's right to deny residence to EU citizens.
The C-413/99 Baumbast case upheld the UK's right to deny residence to EU citizens.
EU law allows national measures to compromise the internal market for any reason.
EU law allows national measures to compromise the internal market for any reason.
The principle of proportionality requires that national regulations must pursue a legitimate objective.
The principle of proportionality requires that national regulations must pursue a legitimate objective.
Public measures in Member States should restrict individuals' freedom to move unless justified by less restrictive means.
Public measures in Member States should restrict individuals' freedom to move unless justified by less restrictive means.
Public measures can distort competition in the internal market as long as they serve domestic industries.
Public measures can distort competition in the internal market as long as they serve domestic industries.
National actions in a public capacity are encouraged to create barriers to trade within the internal market.
National actions in a public capacity are encouraged to create barriers to trade within the internal market.
The Court in the C-413/99 Baumbast case emphasized the importance of public health as a justification for restricting movement.
The Court in the C-413/99 Baumbast case emphasized the importance of public health as a justification for restricting movement.
Measures that are not the least restrictive means of achieving an objective are considered valid under EU law.
Measures that are not the least restrictive means of achieving an objective are considered valid under EU law.
Flashcards
Freedom of Establishment
Freedom of Establishment
The right of EU citizens to set up and run businesses or professional practices in any other EU country.
Article 49 TFEU
Article 49 TFEU
A treaty article guaranteeing the freedom of establishment for EU citizens, allowing them to work and set up businesses in any EU country.
German Bar Council
German Bar Council
The body responsible for regulating the legal profession in Germany. It sets the requirements for lawyers to practice in the country.
Limitations to Freedom of Establishment
Limitations to Freedom of Establishment
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Legal System Differences
Legal System Differences
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Language Proficiency Requirement
Language Proficiency Requirement
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Practice under Supervision
Practice under Supervision
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Court of Justice of the European Union (CJEU)
Court of Justice of the European Union (CJEU)
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Individual Concern
Individual Concern
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Annulment Action
Annulment Action
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Lack of Competence
Lack of Competence
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Infringement of Essential Procedural Requirements
Infringement of Essential Procedural Requirements
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Infringement of the Treaties or Any Rule of Law Relating to Their Application
Infringement of the Treaties or Any Rule of Law Relating to Their Application
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Misuse of Powers
Misuse of Powers
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Acts Subject to Annulment
Acts Subject to Annulment
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Effects of Annulment
Effects of Annulment
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Principle of Proportionality
Principle of Proportionality
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Principle of Subsidiarity
Principle of Subsidiarity
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Principle of Conferral
Principle of Conferral
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Exclusive Competences
Exclusive Competences
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Shared Competences
Shared Competences
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Supporting Competences
Supporting Competences
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Democratic Deficit
Democratic Deficit
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Tension Between EU and Member States
Tension Between EU and Member States
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Freedom of Movement and Residence
Freedom of Movement and Residence
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Directive 2004/38/EC
Directive 2004/38/EC
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Non-Discrimination
Non-Discrimination
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Pauline's Right to Live in Italy
Pauline's Right to Live in Italy
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Pauline's Husband's Residence Permit
Pauline's Husband's Residence Permit
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Italian Legislation and Freedom of Establishment
Italian Legislation and Freedom of Establishment
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Refusal of Residence Permit and EU Law
Refusal of Residence Permit and EU Law
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Freedom of Movement for Workers
Freedom of Movement for Workers
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Non-discrimination Principle
Non-discrimination Principle
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Unemployment Benefits for EU Workers
Unemployment Benefits for EU Workers
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Equal Treatment for Social Benefits
Equal Treatment for Social Benefits
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MartÃnez Sala Case (C-85/96)
MartÃnez Sala Case (C-85/96)
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Can Mary claim unemployment benefits in France?
Can Mary claim unemployment benefits in France?
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Can Mary practice law in France?
Can Mary practice law in France?
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EU law and Mary's professional goals
EU law and Mary's professional goals
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C-413/99 Baumbast case
C-413/99 Baumbast case
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Public Measures
Public Measures
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Proportionality
Proportionality
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Public Measures and the Internal Market
Public Measures and the Internal Market
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Commission v. Italy (C-305/05)
Commission v. Italy (C-305/05)
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Public Measures and the Internal Market (Conclusion)
Public Measures and the Internal Market (Conclusion)
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Proportionality and the Internal Market
Proportionality and the Internal Market
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Proportionality of Public Measures
Proportionality of Public Measures
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Study Notes
Summary of EU Law Notes
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Council Regulation (EU) No 123/2014, a fictitious regulation, outlines the Sustainable Agricultural Policy (SAP Regulation) and the European Agricultural Support Fund (EASF). It details eligibility requirements for farmers receiving funding and mandates annual publication of recipients' names on a dedicated website.
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Mr. Fergus Landlord, a recipient of EASF funding, challenges the regulation, arguing it infringes fundamental rights (respect for private/family life and data protection) under the Charter of Fundamental Rights of the European Union.
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Article 263 TFEU outlines the annulment procedure in the EU, allowing applicants to challenge the legality of EU acts. Applicants must prove standing and that the act directly and individually affects them.
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Privileged applicants (e.g., Member States, EU institutions) have automatic standing. Non-privileged applicants (e.g., individuals) must show direct and individual concern or challenge a regulatory act not requiring implementing measures.
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Fundamental rights and proportionality are crucial. Article 7 and 8 of the CFR address private life and data protection. Measures must also meet proportionality criteria, meaning they're necessary and proportionate to a legitimate objective.
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Standing to challenge the regulation is questionable for Mr. Landlord as he is a non-privileged applicant, and his situation/impact is not uniquely separate from other beneficiaries of the fund.
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The overall outcome of the case depends on how the Court of Justice of the European Union (CJEU) interprets proportionality and determines whether the applicant has individual concern.
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