Podcast
Questions and Answers
When did the Treaty of Lisbon take effect?
When did the Treaty of Lisbon take effect?
What does vertical direct effect mean?
What does vertical direct effect mean?
A directive is vertically directly applicable when it is binding to a member state.
Who are members of the Council of the European Union?
Who are members of the Council of the European Union?
The governments of the member states are each represented in the council with one delegate.
How did the EU change over the years to reduce the democratic deficit?
How did the EU change over the years to reduce the democratic deficit?
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What will the ECJ decide regarding the import of sausages with only 25% meat?
What will the ECJ decide regarding the import of sausages with only 25% meat?
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What was held in Überseering?
What was held in Überseering?
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What is the voting rule in the Council of the European Union when the Euro is concerned?
What is the voting rule in the Council of the European Union when the Euro is concerned?
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What are the options of the buyer if a directive is not implemented?
What are the options of the buyer if a directive is not implemented?
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What does ECSC stand for?
What does ECSC stand for?
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What happened to EFTA?
What happened to EFTA?
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What was decided in Inspire Art?
What was decided in Inspire Art?
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Which of the following situations is an example of the democratic deficit of the EU?
Which of the following situations is an example of the democratic deficit of the EU?
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What was held by the ECJ in Uberseering?
What was held by the ECJ in Uberseering?
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What is the nature of EU law?
What is the nature of EU law?
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What new element was introduced by the ECJ in Gebhard?
What new element was introduced by the ECJ in Gebhard?
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What legal source provides for the rules on the internal market?
What legal source provides for the rules on the internal market?
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What new element was introduced by the ECJ in Cassis de Dijon?
What new element was introduced by the ECJ in Cassis de Dijon?
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What are the reasons for the shift of powers from the Member States to the EU?
What are the reasons for the shift of powers from the Member States to the EU?
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Which EU institution is part of the executive power?
Which EU institution is part of the executive power?
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The European Parliament may reject legislation but may not suggest any changes.
The European Parliament may reject legislation but may not suggest any changes.
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What do the Basic Freedoms prohibit?
What do the Basic Freedoms prohibit?
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To what respect is there a democratic deficit as the institutions of the EU are concerned?
To what respect is there a democratic deficit as the institutions of the EU are concerned?
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What role does the Parliament play within the EU?
What role does the Parliament play within the EU?
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What policy areas belong exclusively to the EU?
What policy areas belong exclusively to the EU?
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A Belgian consumer can buy products in Portugal without import restrictions.
A Belgian consumer can buy products in Portugal without import restrictions.
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When was the Treaty on European Union signed?
When was the Treaty on European Union signed?
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What is a regulation?
What is a regulation?
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How are the seats in the European Parliament allocated?
How are the seats in the European Parliament allocated?
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When was the European Single Market launched?
When was the European Single Market launched?
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Which of the following countries belong to the founding states of the European Economic Community?
Which of the following countries belong to the founding states of the European Economic Community?
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Spanish law requires tobacco retailers to acquire their products from licensees of the State; retailers are prohibited from importing tobacco products. Does this measure fall into the range of a Basic Freedom?
Spanish law requires tobacco retailers to acquire their products from licensees of the State; retailers are prohibited from importing tobacco products. Does this measure fall into the range of a Basic Freedom?
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How were the EU institutions prepared for over 25 member states by the Treaty of Lisbon?
How were the EU institutions prepared for over 25 member states by the Treaty of Lisbon?
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What is part of primary EU law?
What is part of primary EU law?
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What were the achievements of the Treaty of Maastricht?
What were the achievements of the Treaty of Maastricht?
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What statements as to the Schengen Area are correct?
What statements as to the Schengen Area are correct?
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A German engineer seeks employment from a manufacturer in the Netherlands. This is an example of?
A German engineer seeks employment from a manufacturer in the Netherlands. This is an example of?
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What happened to the European Coal and Steel Community?
What happened to the European Coal and Steel Community?
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In what policy areas is the EU dominant?
In what policy areas is the EU dominant?
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What does EEA stand for?
What does EEA stand for?
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What was decided by the ECJ in the case of van Duyn?
What was decided by the ECJ in the case of van Duyn?
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Britain was the first territory to leave the EU.
Britain was the first territory to leave the EU.
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Who has got the right to propose new legislation?
Who has got the right to propose new legislation?
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What are criteria for supranationalism?
What are criteria for supranationalism?
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The member states have delegated their foreign policy to the EU.
The member states have delegated their foreign policy to the EU.
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What are the Basic Freedoms?
What are the Basic Freedoms?
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Which institutions act as the legislation?
Which institutions act as the legislation?
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What new element was introduced by the ECJ in Commission v Italy?
What new element was introduced by the ECJ in Commission v Italy?
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What is a measure which falls in the scope of the free movement of goods?
What is a measure which falls in the scope of the free movement of goods?
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What function does the TEU have?
What function does the TEU have?
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What constitutes the qualified majority if the Council acts on a proposal of the Commission?
What constitutes the qualified majority if the Council acts on a proposal of the Commission?
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What does vertical direct effect mean?
What does vertical direct effect mean?
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When did the Treaty of Lisbon take effect?
When did the Treaty of Lisbon take effect?
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Who are members of the Council of the European Union?
Who are members of the Council of the European Union?
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How did the EU change over the years to reduce the democratic deficit?
How did the EU change over the years to reduce the democratic deficit?
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What will the ECJ decide regarding the Belgian law on sausages?
What will the ECJ decide regarding the Belgian law on sausages?
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What was held in Überseering?
What was held in Überseering?
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What is the voting rule in the Council of the European Union when the Euro is concerned?
What is the voting rule in the Council of the European Union when the Euro is concerned?
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What are the options of the buyer if a member state failed to implement a directive for warranties?
What are the options of the buyer if a member state failed to implement a directive for warranties?
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What does ECSC stand for?
What does ECSC stand for?
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What happened to EFTA?
What happened to EFTA?
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What was decided in Inspire Art?
What was decided in Inspire Art?
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Which of the following situations is an example of the democratic deficit of the EU?
Which of the following situations is an example of the democratic deficit of the EU?
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What was held by the ECJ in Uberseering?
What was held by the ECJ in Uberseering?
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What is the nature of EU law?
What is the nature of EU law?
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What new element was introduced by the ECJ in Gebhard?
What new element was introduced by the ECJ in Gebhard?
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What legal source provides for the rules on the internal market?
What legal source provides for the rules on the internal market?
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What new element was introduced by the ECJ in Cassis de Dijon?
What new element was introduced by the ECJ in Cassis de Dijon?
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What are the reasons for the shift of powers from the Member States to the EU?
What are the reasons for the shift of powers from the Member States to the EU?
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Which EU institution is part of the executive power?
Which EU institution is part of the executive power?
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What is incorrect regarding the ordinary legislative procedure?
What is incorrect regarding the ordinary legislative procedure?
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What do the Basic Freedoms prohibit?
What do the Basic Freedoms prohibit?
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To what respect is there a democratic deficit related to EU institutions?
To what respect is there a democratic deficit related to EU institutions?
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What role does the Parliament play within the EU?
What role does the Parliament play within the EU?
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Match the following policy areas that belong exclusively to the EU:
Match the following policy areas that belong exclusively to the EU:
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What is meant by a request for preliminary ruling?
What is meant by a request for preliminary ruling?
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A Belgian consumer can buy products in Portugal without import restrictions.
A Belgian consumer can buy products in Portugal without import restrictions.
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When was the Treaty on European Union signed?
When was the Treaty on European Union signed?
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What is a regulation?
What is a regulation?
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How are the seats in the European Parliament allocated?
How are the seats in the European Parliament allocated?
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When was the European Single Market launched?
When was the European Single Market launched?
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Which countries belong to the founding states of the European Economic Community?
Which countries belong to the founding states of the European Economic Community?
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Spanish law requires tobacco retailers to acquire products from State licensees. Does this fall within Basic Freedoms?
Spanish law requires tobacco retailers to acquire products from State licensees. Does this fall within Basic Freedoms?
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How were EU institutions prepared for over 25 member states by the Treaty of Lisbon?
How were EU institutions prepared for over 25 member states by the Treaty of Lisbon?
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What is part of primary EU law?
What is part of primary EU law?
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What were the achievements of the Treaty of Maastricht?
What were the achievements of the Treaty of Maastricht?
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What statements regarding the Schengen Area are correct?
What statements regarding the Schengen Area are correct?
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A German engineer seeks employment in the Netherlands. What does this represent?
A German engineer seeks employment in the Netherlands. What does this represent?
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What happened to the European Coal and Steel Community?
What happened to the European Coal and Steel Community?
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In what policy areas is the EU dominant?
In what policy areas is the EU dominant?
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What does EEA stand for?
What does EEA stand for?
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What was decided by the ECJ in the case of van Duyn?
What was decided by the ECJ in the case of van Duyn?
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Britain was the first territory to leave the EU.
Britain was the first territory to leave the EU.
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Who has the right to propose new legislation?
Who has the right to propose new legislation?
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What are criteria for supranationalism?
What are criteria for supranationalism?
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The member states have delegated their foreign policy to the EU.
The member states have delegated their foreign policy to the EU.
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What are the Basic Freedoms?
What are the Basic Freedoms?
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Which institutions act as the legislation?
Which institutions act as the legislation?
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What new element was introduced by the ECJ in Commission v Italy?
What new element was introduced by the ECJ in Commission v Italy?
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What is a measure that falls under the scope of free movement of goods?
What is a measure that falls under the scope of free movement of goods?
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What function does the TEU have?
What function does the TEU have?
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What constitutes the qualified majority if the Council acts on a proposal of the Commission?
What constitutes the qualified majority if the Council acts on a proposal of the Commission?
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What elements belong to the 4-criteria-test?
What elements belong to the 4-criteria-test?
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In what policy areas is the EU dominant?
In what policy areas is the EU dominant?
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A Polish lawyer, having her office in Poland, offers legal advice to a Croatian seller. What does this represent?
A Polish lawyer, having her office in Poland, offers legal advice to a Croatian seller. What does this represent?
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How many official languages has the EU?
How many official languages has the EU?
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Study Notes
Uberseering Case
- The ECJ ruled that national courts must not apply the company seat principle.
- The company seat principle is deemed neither justifiable nor necessary as it could be achieved through less restrictive means.
Nature of EU Law
- EU law is characterized as supranational law, meaning it transcends national laws.
Gebhard Case
- Introduced the four criteria test to assess the freedom of establishment of natural persons within the EU.
Internal Market Legal Sources
- Rules governing the internal market are established by regulations, directives, and the Basic Freedoms outlined in the TFEU.
Cassis de Dijon Case
- Introduced justification by mandatory requirements of the public interest as a legal concept.
Shift of Powers to the EU
- Member States may transfer powers to the EU either deliberately due to political visions or in response to crises and citizens' actions before the ECJ.
Executive Power in the EU
- The Council of the European Union is part of the EU's executive branch.
Ordinary Legislative Procedure
- The European Parliament can suggest changes to legislation and collaborates as an equal partner with the Council of the European Union.
Basic Freedoms
- Basic Freedoms prohibit hindrances, including direct and indirect discrimination.
Democratic Deficit in EU Institutions
- The "one man one vote" principle is challenged, as larger member state voters have more influence compared to smaller states due to voting weight in the Council and Parliament.
Role of the Parliament in the EU
- The European Parliament is part of the legislative framework and has the authority to initiate legislation.
Areas of Exclusive EU Competence
- Competences monopolized by the EU include the internal market, external trade, and fisheries.
Preliminary Ruling Request
- National courts request preliminary rulings from the Court of the EU concerning EU law interpretation before resuming court proceedings.
Free Movement of Goods
- A Belgian consumer purchasing products in Portugal illustrates the principle of free movement of goods.
Treaty on European Union
- The Treaty on European Union was signed in 1992.
Definition of Regulation
- Regulations are secondary EU laws that are directly applicable across Member States.
Seats in the European Parliament
- Allocated based on a member state's population, ensuring larger states have more representation.
Launch of the European Single Market
- The European Single Market was officially launched in 1993.
Founding States of the European Economic Community
- Founding states included Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.
Spanish Tobacco Regulation
- Spanish law requiring retailers to source products from licensed state vendors may impede free movement of goods.
EU Institutions Preparedness Post-Lisbon Treaty
- A rotation system in the Commission was implemented to accommodate over 25 member states.
Primary EU Law
- Comprises the Treaty on European Union and the Treaty on the Functioning of the European Union.
Achievements of the Treaty of Maastricht
- Established the EU framework with three pillars, introduced EU citizenship, and implemented the principle of subsidiarity.
Schengen Area Details
- The Schengen Area allows for free movement without border checks but has exceptions; countries like the UK and Ireland are not part of it.
Free Movement of Workers
- A German engineer seeking employment in the Netherlands is an example of the free movement of workers.
European Coal and Steel Community
- The Community was integrated into the EU framework, ceasing to exist as a separate entity.
Dominance of EU Policy Areas
- EU dominance is primarily noted in areas such as competition, transport, and the environment.
EEA Definition
- EEA stands for European Economic Area.
van Duyn Case Rulings
- The ECJ affirmed that directives can be indirectly applicable if precise and past the implementation deadline.
Brexit Context
- Great Britain officially left the EU on February 29, 2020; Greenland previously left the EEC in 1985.
Right to Propose Legislation
- The Commission holds the right to propose new legislation which is then passed by the Council and Parliament.
Criteria for Supranationalism
- Supranationalism involves states transferring partial sovereignty, decisions made by majority, and the existence of independent institutions.
Foreign Policy Delegation
- Member States retain sovereignty over their foreign policy, coordinating efforts through the High Representative for Foreign Affairs.
Basic Freedoms Explained
- The Basic Freedoms include the free movement of goods, workers, services, establishment, and capital.
Legislative Process in the EU
- The legislative framework involves the Commission proposing laws and both the Council and Parliament passing them.
Elements of the 4-Criteria Test
- Elements include discrimination, mandatory requirements of public interest, proportionality, and necessity.
EU Language Context
- The EU has 24 official languages, including English, French, and German as procedural languages.
Vertical Direct Effect
- Vertical direct effect pertains to directives being enforceable by individuals against Member States in court.
Treaty of Lisbon Implementation
- The Treaty of Lisbon became effective in 2009.
Membership of the Council of the European Union
- Each Member State is represented by one delegate, typically a minister, in the Council.
Reducing the Democratic Deficit
- The Parliament's legislative power increased, enhancing its role to represent EU citizens and reducing the democratic deficit.### Belgian Sausage Regulation
- Belgian law mandates sausages to contain at least 97% meat.
- An English producer's sausages had only 25% meat, leading to prohibition of imports into Belgium.
- The case raised questions regarding the permissibility of this regulation under EU law.
ECJ Decision Factors
- Discriminating Hindrance (First Level): Justifed for public health and consumer protection, yet deemed unnecessary as an alternative information model exists.
- Indistinct Hindrance (Second Level): Also justified for public health and consumer protection; deemed adequate but not necessary due to less restrictive alternatives.
- Hindrance to Market Access (Third Level): Necessary for public health; however, the information model remains less restrictive, complicating adequacy.
Überseering Case
- Established proportionality test for freedom of establishment.
- Confirmed application of four criteria test for the free movement of workers.
- Market access test relevant to the free movement of services.
- Freedom of establishment criteria apply to companies.
Voting Rules in the Council of the European Union
- Qualified Majority: The common rule for votes concerning the Euro.
Buyer Rights Under Directive
- Directive mandates a two-year warranty for defective goods; national law only provides one year.
- Buyer options include:
- Cannot sue after one year as the directive is not directly applicable post-deadline; may seek damages from the member state.
- Can sue for warranties if the directive is deemed directly applicable post-deadline, while also pursuing damages against the member state.
- Cannot sue for warranties as the directive is not applicable; no claim for damages against the member state.
- Options include suing the member state or requesting warranties tied to the directive.
ECSC Definition
- ECSC stands for European Coal and Steel Community.
EFTA Status
- EFTA (European Free Trade Association) cooperates with the EU to form the EEA (European Economic Area).
- EFTA remains operational and is not dissolved.
Inspire Art Case Findings
- Member States cannot impose national company law on foreign companies from other Member States.
- The founding seat principle must be adhered to by Member States.
- Movement of administrative seats by domestic companies to other Member States cannot be hindered.
- Member States are required to apply the company seat principle.
EU Democratic Deficit
- Key examples include legislative power being transferred to the Council of Ministers, raising concerns about democratic accountability.
Uberseering Case
- The ECJ ruled that national courts must not apply the company seat principle.
- The company seat principle is deemed neither justifiable nor necessary as it could be achieved through less restrictive means.
Nature of EU Law
- EU law is characterized as supranational law, meaning it transcends national laws.
Gebhard Case
- Introduced the four criteria test to assess the freedom of establishment of natural persons within the EU.
Internal Market Legal Sources
- Rules governing the internal market are established by regulations, directives, and the Basic Freedoms outlined in the TFEU.
Cassis de Dijon Case
- Introduced justification by mandatory requirements of the public interest as a legal concept.
Shift of Powers to the EU
- Member States may transfer powers to the EU either deliberately due to political visions or in response to crises and citizens' actions before the ECJ.
Executive Power in the EU
- The Council of the European Union is part of the EU's executive branch.
Ordinary Legislative Procedure
- The European Parliament can suggest changes to legislation and collaborates as an equal partner with the Council of the European Union.
Basic Freedoms
- Basic Freedoms prohibit hindrances, including direct and indirect discrimination.
Democratic Deficit in EU Institutions
- The "one man one vote" principle is challenged, as larger member state voters have more influence compared to smaller states due to voting weight in the Council and Parliament.
Role of the Parliament in the EU
- The European Parliament is part of the legislative framework and has the authority to initiate legislation.
Areas of Exclusive EU Competence
- Competences monopolized by the EU include the internal market, external trade, and fisheries.
Preliminary Ruling Request
- National courts request preliminary rulings from the Court of the EU concerning EU law interpretation before resuming court proceedings.
Free Movement of Goods
- A Belgian consumer purchasing products in Portugal illustrates the principle of free movement of goods.
Treaty on European Union
- The Treaty on European Union was signed in 1992.
Definition of Regulation
- Regulations are secondary EU laws that are directly applicable across Member States.
Seats in the European Parliament
- Allocated based on a member state's population, ensuring larger states have more representation.
Launch of the European Single Market
- The European Single Market was officially launched in 1993.
Founding States of the European Economic Community
- Founding states included Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.
Spanish Tobacco Regulation
- Spanish law requiring retailers to source products from licensed state vendors may impede free movement of goods.
EU Institutions Preparedness Post-Lisbon Treaty
- A rotation system in the Commission was implemented to accommodate over 25 member states.
Primary EU Law
- Comprises the Treaty on European Union and the Treaty on the Functioning of the European Union.
Achievements of the Treaty of Maastricht
- Established the EU framework with three pillars, introduced EU citizenship, and implemented the principle of subsidiarity.
Schengen Area Details
- The Schengen Area allows for free movement without border checks but has exceptions; countries like the UK and Ireland are not part of it.
Free Movement of Workers
- A German engineer seeking employment in the Netherlands is an example of the free movement of workers.
European Coal and Steel Community
- The Community was integrated into the EU framework, ceasing to exist as a separate entity.
Dominance of EU Policy Areas
- EU dominance is primarily noted in areas such as competition, transport, and the environment.
EEA Definition
- EEA stands for European Economic Area.
van Duyn Case Rulings
- The ECJ affirmed that directives can be indirectly applicable if precise and past the implementation deadline.
Brexit Context
- Great Britain officially left the EU on February 29, 2020; Greenland previously left the EEC in 1985.
Right to Propose Legislation
- The Commission holds the right to propose new legislation which is then passed by the Council and Parliament.
Criteria for Supranationalism
- Supranationalism involves states transferring partial sovereignty, decisions made by majority, and the existence of independent institutions.
Foreign Policy Delegation
- Member States retain sovereignty over their foreign policy, coordinating efforts through the High Representative for Foreign Affairs.
Basic Freedoms Explained
- The Basic Freedoms include the free movement of goods, workers, services, establishment, and capital.
Legislative Process in the EU
- The legislative framework involves the Commission proposing laws and both the Council and Parliament passing them.
Elements of the 4-Criteria Test
- Elements include discrimination, mandatory requirements of public interest, proportionality, and necessity.
EU Language Context
- The EU has 24 official languages, including English, French, and German as procedural languages.
Vertical Direct Effect
- Vertical direct effect pertains to directives being enforceable by individuals against Member States in court.
Treaty of Lisbon Implementation
- The Treaty of Lisbon became effective in 2009.
Membership of the Council of the European Union
- Each Member State is represented by one delegate, typically a minister, in the Council.
Reducing the Democratic Deficit
- The Parliament's legislative power increased, enhancing its role to represent EU citizens and reducing the democratic deficit.### Belgian Sausage Regulation
- Belgian law mandates sausages to contain at least 97% meat.
- An English producer's sausages had only 25% meat, leading to prohibition of imports into Belgium.
- The case raised questions regarding the permissibility of this regulation under EU law.
ECJ Decision Factors
- Discriminating Hindrance (First Level): Justifed for public health and consumer protection, yet deemed unnecessary as an alternative information model exists.
- Indistinct Hindrance (Second Level): Also justified for public health and consumer protection; deemed adequate but not necessary due to less restrictive alternatives.
- Hindrance to Market Access (Third Level): Necessary for public health; however, the information model remains less restrictive, complicating adequacy.
Überseering Case
- Established proportionality test for freedom of establishment.
- Confirmed application of four criteria test for the free movement of workers.
- Market access test relevant to the free movement of services.
- Freedom of establishment criteria apply to companies.
Voting Rules in the Council of the European Union
- Qualified Majority: The common rule for votes concerning the Euro.
Buyer Rights Under Directive
- Directive mandates a two-year warranty for defective goods; national law only provides one year.
- Buyer options include:
- Cannot sue after one year as the directive is not directly applicable post-deadline; may seek damages from the member state.
- Can sue for warranties if the directive is deemed directly applicable post-deadline, while also pursuing damages against the member state.
- Cannot sue for warranties as the directive is not applicable; no claim for damages against the member state.
- Options include suing the member state or requesting warranties tied to the directive.
ECSC Definition
- ECSC stands for European Coal and Steel Community.
EFTA Status
- EFTA (European Free Trade Association) cooperates with the EU to form the EEA (European Economic Area).
- EFTA remains operational and is not dissolved.
Inspire Art Case Findings
- Member States cannot impose national company law on foreign companies from other Member States.
- The founding seat principle must be adhered to by Member States.
- Movement of administrative seats by domestic companies to other Member States cannot be hindered.
- Member States are required to apply the company seat principle.
EU Democratic Deficit
- Key examples include legislative power being transferred to the Council of Ministers, raising concerns about democratic accountability.
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Description
This quiz explores significant legal cases within EU law, including the Uberseering and Gebhard cases. It covers the nature of EU law, the internal market legal sources, and the shift of powers to the EU. Test your knowledge on how these principles shape the legal landscape in Europe.
