Podcast
Questions and Answers
What is the key purpose of Article 260(3) TFEU according to the content?
What is the key purpose of Article 260(3) TFEU according to the content?
Which of the following is NOT a criteria considered when determining the size of a penalty imposed on a member state for an infringement?
Which of the following is NOT a criteria considered when determining the size of a penalty imposed on a member state for an infringement?
In the case of Commission v Romania, what was the penalty imposed for late transposition of EU directives?
In the case of Commission v Romania, what was the penalty imposed for late transposition of EU directives?
Which of the following is a successful defense raised by member states against infringement proceedings?
Which of the following is a successful defense raised by member states against infringement proceedings?
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What is the potential outcome of infringement proceedings for a member state?
What is the potential outcome of infringement proceedings for a member state?
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According to the content, which of the following can have direct effect in EU law?
According to the content, which of the following can have direct effect in EU law?
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The Commission v Greece [2000] case involved a penalty payment of 20,000 euros per day for what type of infringement?
The Commission v Greece [2000] case involved a penalty payment of 20,000 euros per day for what type of infringement?
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What is the main purpose of Article 4(3) TEU in relation to EU directives?
What is the main purpose of Article 4(3) TEU in relation to EU directives?
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In the case of Commission v Spain [2003], what was the specific EU directive that the member state failed to comply with?
In the case of Commission v Spain [2003], what was the specific EU directive that the member state failed to comply with?
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What was the specific defense raised and rejected in the Commission v Netherlands [1982] case?
What was the specific defense raised and rejected in the Commission v Netherlands [1982] case?
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Which of the following is NOT a consequence of a Member State failing to implement an EU directive into national law?
Which of the following is NOT a consequence of a Member State failing to implement an EU directive into national law?
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In the context of implementing EU directives, what is the significance of Article 260(2) TFEU?
In the context of implementing EU directives, what is the significance of Article 260(2) TFEU?
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Which of the following is a potential, but not yet confirmed, successful defense against infringement proceedings?
Which of the following is a potential, but not yet confirmed, successful defense against infringement proceedings?
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How does the Commission determine the appropriate penalty to be imposed on a Member State for failing to implement an EU directive?
How does the Commission determine the appropriate penalty to be imposed on a Member State for failing to implement an EU directive?
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Which of the following best describes the principle of sincere cooperation as outlined in Article 4(3) TEU?
Which of the following best describes the principle of sincere cooperation as outlined in Article 4(3) TEU?
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What is the primary mechanism used by the Commission to enforce the implementation of EU directives?
What is the primary mechanism used by the Commission to enforce the implementation of EU directives?
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If a Member State fails to notify the Commission about measures adopted to transpose a directive, what action can the Commission take?
If a Member State fails to notify the Commission about measures adopted to transpose a directive, what action can the Commission take?
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What is the purpose of the penalty payment that the Commission can impose on a Member State under Article 260(3) TFEU?
What is the purpose of the penalty payment that the Commission can impose on a Member State under Article 260(3) TFEU?
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Which of the following is NOT a factor the Commission considers when deciding upon the amount of a penalty payment for a Member State's non-compliance with an EU directive?
Which of the following is NOT a factor the Commission considers when deciding upon the amount of a penalty payment for a Member State's non-compliance with an EU directive?
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According to the provided information, which of the following scenarios would likely be deemed unacceptable under EU law?
According to the provided information, which of the following scenarios would likely be deemed unacceptable under EU law?
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In the context of the EU single market, which of the following statements regarding harmonization is TRUE?
In the context of the EU single market, which of the following statements regarding harmonization is TRUE?
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Which of the following cases involved a national law regarding alcohol pricing?
Which of the following cases involved a national law regarding alcohol pricing?
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The Cassis de Dijon case established the principle of:
The Cassis de Dijon case established the principle of:
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In the context of Dassonville, the term 'measures having equivalent effect' refers to:
In the context of Dassonville, the term 'measures having equivalent effect' refers to:
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Which of the following is NOT a source of EU law, as discussed in the text?
Which of the following is NOT a source of EU law, as discussed in the text?
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The Distance Selling Directive, originally set at 7 working days, was extended to how many days under Directive 2011/83/EU?
The Distance Selling Directive, originally set at 7 working days, was extended to how many days under Directive 2011/83/EU?
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Which of the following statements is TRUE about the EU Charter of Fundamental Rights?
Which of the following statements is TRUE about the EU Charter of Fundamental Rights?
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The text states that the EU gained legal personality with the Treaty of Amsterdam. What does this mean?
The text states that the EU gained legal personality with the Treaty of Amsterdam. What does this mean?
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Which of the following is NOT a legal act of the EU, as listed in Article 288 TFEU?
Which of the following is NOT a legal act of the EU, as listed in Article 288 TFEU?
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Which of the following statements is true about EU Directives?
Which of the following statements is true about EU Directives?
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How do EU Regulations differ from EU Directives?
How do EU Regulations differ from EU Directives?
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According to the content, what are the three main categories besides goods that fall under the scope of free movement of goods, as explained in the treaty?
According to the content, what are the three main categories besides goods that fall under the scope of free movement of goods, as explained in the treaty?
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Flashcards
Distance Selling Directive
Distance Selling Directive
Directive 97/7/EC aimed at protecting consumers in distance contracts.
Right of Withdrawal
Right of Withdrawal
Consumers can cancel distance selling contracts within 7 days.
Extended Withdrawal Period
Extended Withdrawal Period
Extension of the withdrawal period to 14 days under directive 2011/83/EU.
EU Charter of Fundamental Rights
EU Charter of Fundamental Rights
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EU Legal Personality
EU Legal Personality
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Types of EU Legal Acts
Types of EU Legal Acts
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Regulation vs. Directive
Regulation vs. Directive
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TFEU Article 260(3)
TFEU Article 260(3)
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Direct Effect of Directives
Direct Effect of Directives
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Criteria for Penalties
Criteria for Penalties
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Commission v Romania
Commission v Romania
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Commission v Spain (2003)
Commission v Spain (2003)
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Commission v Greece (2000)
Commission v Greece (2000)
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Commission v France (2005)
Commission v France (2005)
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Unsuccessful Defence: Compliance
Unsuccessful Defence: Compliance
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Potentially Successful Defence
Potentially Successful Defence
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Individual Suits Against EU
Individual Suits Against EU
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Physical Condition
Physical Condition
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TFEU Article 56
TFEU Article 56
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TFEU Article 63
TFEU Article 63
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TFEU Article 49
TFEU Article 49
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What are Goods?
What are Goods?
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Commission v Italy (Art Treasures)
Commission v Italy (Art Treasures)
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Export Tax
Export Tax
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Prohibition Under TFEU Art 30
Prohibition Under TFEU Art 30
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Jagerskiold v Gustafsson
Jagerskiold v Gustafsson
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Commercial Transactions
Commercial Transactions
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Barriers to Trade
Barriers to Trade
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Art 34 TFEU
Art 34 TFEU
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Harmonisation Process
Harmonisation Process
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Cassis de Dijon Case
Cassis de Dijon Case
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Proportionality Test
Proportionality Test
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EU directive
EU directive
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Transposition
Transposition
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Sincere cooperation
Sincere cooperation
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Article 4(3) TEU
Article 4(3) TEU
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Article 260 TFEU
Article 260 TFEU
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Lump sum penalty
Lump sum penalty
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Periodic payments
Periodic payments
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Article 258 TFEU
Article 258 TFEU
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Non-compliance
Non-compliance
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Study Notes
EU Law
- EU Law's origins trace back to the European Coal and Steel Community (ECSC) established in 1951 via the Treaty of Paris.
- A reaction to the devastation of World War II, the ECSC aimed to create a common market for coal and steel.
- Founding members included the Federal Republic of Germany, Italy, Belgium, France, the Netherlands, and Luxembourg.
- The ECSC ceased to exist in 2002, after 50 years.
Important Milestones
- In 1957, the Treaties of Rome established the EEC (European Economic Community).
- The focus was on creating a common market, through eliminating trade barriers aiming to unify national markets.
- The Treaty of Maastricht (1993) expanded the scope of the European Community, making the economic goal encompass environmental protection and education.
- The Treaty of Maastricht established the concept of EU citizenship.
- Key rights include the freedom to move and reside within the EU, vote in European Parliament elections and in municipal elections in the host member state.
- The Treaty of Lisbon (2009) established the European Union as the successor to the European Economic Community (EEC)
Treaties in Force Today
- Treaty on European Union (TEU)
- Treaty on the Functioning of the European Union (TFEU)
- Treaty establishing the European Atomic Energy Community
- Charter of Fundamental Rights of the European Union
The EU
- The EU is an international/supranational organization with 27 member states.
- Founding members include Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.
- Membership has expanded over time.
EU Member States
- Since 1973: Denmark, Ireland, and the UK (left in 2020)
- Greece (1981), Portugal and Spain (1986)
- Austria, Finland, and Sweden (1995)
- Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia (2004)
- Bulgaria and Romania (2007)
- Croatia (2013)
Key Differences (EU Council and Council of the European Union)
- Membership: Heads of state/government and EU presidents vs Ministers.
- Function: Strategic direction/political priorities vs Policy-making, legislative, and budgetary powers.
- Power: None vs Shared with the European Parliament..
- Meetings: Fixed schedule (four times a year or more) vs Varies depending on policy area
EU Law: Institutions (EU Institutions)
- Executive: European Council (Council of Ministers of the Member States)
- Civil Servants: European Commission
- Parliament: European Parliament
- Judiciary: General Court; Court of Justice of the European Union (CJEU)
- Central Bank: European Central Bank
- Others: Court of Auditors.
The European Commission
- The guardian of the treaties
- Administrative body with enforcement powers in some areas.
- One commissioner per member state.
- Based in Brussels
- Divided into directorates-general. (e.g., DG COMP - competition law)
The European Parliament
- Role has increased – acts jointly with council
- Scrutiny: appointments, censure of the commission.
- Consent: new EU member states, agreements.
- Seat: Brussels and Strasbourg.
- Composition: 705 elected members with a president.
The Courts of the EU
- Reviews EU institution's legality of acts (examples include competition cases).
- Ensures member states comply with EU treaties – interpret EU law for national courts.
- Seat: Luxembourg
- Composition: Judges and advocates from each member state.
EU Law – the Pyramid (Legislative Acts of the EU)
- Primary acts: Treaties
- Secondary acts: Regulations (directly applicable), Directives (binding on outcomes), Decisions.
- Other acts: recommendations and opinions.
EU Law: Regulations, Directives, Decisions
- Regulations: binding in their entirety, direct application to all EU members.
- Directives: binding outcomes, but member states have discretion on implementation methods.
- Decisions: binding only on those identified in the decision itself
- Recommendations and opinions: guiding principles, not binding.
Judicial review (Art 263-366 TFEU)
- Ensuring EU institutions stay within lawful powers.
- Review of EU acts' legality.
- Acts intended to produce legal effects on thirds parties.
EU Law: Primacy
- EU law is supreme over conflicting national law.
- Developed by the CJEU.
Exclusive and Shared Competences
- Exclusive: EU’s only.
- Shared: EU and member states.
EU Legislative Process
- Proposal by the Commission
- Decision in Council and Parliament
- Conciliation if necessary.
Preliminary Rulings (Art 267 TFEU)
- Requests for CJEU interpretation
- National court interpretation of EU law
- Ensures uniformity of EU law interpretation
- Court is consulted by national courts on issues necessary for their judgment.
Infringement Proceedings (Art 258–260 TFEU)
- Addressing member state's failure to fulfil EU obligations.
- Commission initiates processes: written notices, reasoned opinions.
- Sanctioning member states.
- Court determines consequences following reasoned opinion's issuance.
State Liability
- Member states may be liable for damages caused by their failure to implement EU laws correctly.
- Francovich case established the criteria for liability: member states have to ensure obligations are properly carried out.
- Court requires a sufficiently serious breach, the rule of law breached must be identifiable and the lack of implementation must be directly linked to the harm or damages.
The Single Market
- The EU aims to establish a single market free of internal borders.
- Four Freedoms (4 freedoms are crucial to the single market): goods (art 28-37 TFEU), workers (art 45 TFEU), services (art 56 TFEU), and capital(art 63 TFEU).
- The Single Market aims to enable the free movement of goods, people, services, and capital within the EU.
Customs Union and Tariffs
- EU established a customs union, with a common external tariff for non-EU countries.
- Customs duties and charges having equivalent effect are prohibited between member states.
Prevention Procedures (Art 7 TEU)
- Serious breach of values.
- Potential for suspending certain rights from EU treaties.
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Description
Test your knowledge on key aspects of EU law, particularly focusing on infringement proceedings and penalties imposed on member states. This quiz covers important cases, articles, and defenses within the framework of EU legislation. Challenge yourself to understand the intricacies of Article 260 TFEU and its implications.