Podcast
Questions and Answers
The principle of direct effect was first established concerning regulations.
The principle of direct effect was first established concerning regulations.
False
Directives only have vertical direct effect and cannot be invoked against individuals.
Directives only have vertical direct effect and cannot be invoked against individuals.
True
Vertical direct effect applies in relations between individuals and other individuals.
Vertical direct effect applies in relations between individuals and other individuals.
False
Treaty provisions must be clear and unconditional to be applicable for direct effect.
Treaty provisions must be clear and unconditional to be applicable for direct effect.
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Decisions have only horizontal direct effect when addressed to an individual member state.
Decisions have only horizontal direct effect when addressed to an individual member state.
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The Charter of Fundamental Rights is detailed in Article 6.1 of the TEU.
The Charter of Fundamental Rights is detailed in Article 6.1 of the TEU.
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General International law includes both customary law and general principles.
General International law includes both customary law and general principles.
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Regulations are not binding in their entirety and do not require direct applicability.
Regulations are not binding in their entirety and do not require direct applicability.
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The transposition period for directives can range from 1 to 10 years if a member state fails to comply.
The transposition period for directives can range from 1 to 10 years if a member state fails to comply.
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Directives leave national authorities the choice of methods for implementation.
Directives leave national authorities the choice of methods for implementation.
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Decisions addressed to specific entities are not binding in their entirety.
Decisions addressed to specific entities are not binding in their entirety.
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Recommendations and opinions have binding effects on member states.
Recommendations and opinions have binding effects on member states.
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The legislative procedure involves the single adoption of regulations by the EU parliament.
The legislative procedure involves the single adoption of regulations by the EU parliament.
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The decisions of the Heads of State and Government within the European Council form part of the secondary sources of law.
The decisions of the Heads of State and Government within the European Council form part of the secondary sources of law.
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The primary sources of EU law include international agreements and general guidelines.
The primary sources of EU law include international agreements and general guidelines.
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The principle of conferral is a fundamental concept established by the Treaty of Lisbon.
The principle of conferral is a fundamental concept established by the Treaty of Lisbon.
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Decisions made by the EU institutions can dictate actions to be undertaken by the Union.
Decisions made by the EU institutions can dictate actions to be undertaken by the Union.
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The hierarchy of norms indicates that secondary sources can invalidate primary sources.
The hierarchy of norms indicates that secondary sources can invalidate primary sources.
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Regulations, directives, and decisions are all categorized as primary sources of EU law.
Regulations, directives, and decisions are all categorized as primary sources of EU law.
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Case law from the Court of Justice of the European Union (CJEU) serves as a source of EU law.
Case law from the Court of Justice of the European Union (CJEU) serves as a source of EU law.
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Protocol no 19 pertains to the differentiation of obligations specifically for Denmark.
Protocol no 19 pertains to the differentiation of obligations specifically for Denmark.
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The Court of Justice of the European Union has three types of courts including a Supreme Court.
The Court of Justice of the European Union has three types of courts including a Supreme Court.
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The General Court of the EU has one judge from each Member State.
The General Court of the EU has one judge from each Member State.
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Preliminary rulings are used to clarify doubts about the interpretation of EU law by national courts.
Preliminary rulings are used to clarify doubts about the interpretation of EU law by national courts.
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Infringement proceedings can only be initiated by individual citizens against their national government.
Infringement proceedings can only be initiated by individual citizens against their national government.
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The CJEU has the competence to control the legality of decisions in matters of Common Foreign and Security Policy (CFSP).
The CJEU has the competence to control the legality of decisions in matters of Common Foreign and Security Policy (CFSP).
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Direct effect of EU law means that it takes precedence over national law in conflicts.
Direct effect of EU law means that it takes precedence over national law in conflicts.
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Actions for annulment can only be filed by EU institutions against member state laws.
Actions for annulment can only be filed by EU institutions against member state laws.
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The Court can take action if the Parliament, Council, or Commission fail to make a decision.
The Court can take action if the Parliament, Council, or Commission fail to make a decision.
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The most common type of case handled by the CJEU is the action for damages.
The most common type of case handled by the CJEU is the action for damages.
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Advocates-general in the Court of Justice provide legal opinions but do not make binding decisions.
Advocates-general in the Court of Justice provide legal opinions but do not make binding decisions.
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The adoption of a Reg/Dir/Dec shall always constitute a special legislative procedure.
The adoption of a Reg/Dir/Dec shall always constitute a special legislative procedure.
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Delegated acts can only be issued when a legislative act defines the conditions, scope, and duration of the delegation power.
Delegated acts can only be issued when a legislative act defines the conditions, scope, and duration of the delegation power.
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Implementing acts must contain the term 'delegated' in their title.
Implementing acts must contain the term 'delegated' in their title.
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Directives possess full horizontal direct effect under EU law.
Directives possess full horizontal direct effect under EU law.
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The European Parliament and the Council establish rules governing the Commission's exercising of implementing powers.
The European Parliament and the Council establish rules governing the Commission's exercising of implementing powers.
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Regulations under EU law have only vertical direct effect.
Regulations under EU law have only vertical direct effect.
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Recommendations and opinions issued under EU law have direct effect.
Recommendations and opinions issued under EU law have direct effect.
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Member States are obliged to ensure proper implementation of national measures when implementing acts are adopted.
Member States are obliged to ensure proper implementation of national measures when implementing acts are adopted.
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The conditions for vertical direct effect of directives must be examined in each specific case.
The conditions for vertical direct effect of directives must be examined in each specific case.
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State liability for breaches of EU law is unrelated to the autonomy of EU law.
State liability for breaches of EU law is unrelated to the autonomy of EU law.
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Study Notes
EU Legal Order and Judicial Guarantee
- The EU Treaty aims for a common market, impacting parties directly, implying more than state agreements.
- The treaty's preamble highlights people's involvement, not just governments.
- EU institutions have sovereign rights affecting member states and citizens.
- Nationals cooperate in the EU through parliamentary and economic bodies.
- The Court of Justice ensures uniform treaty interpretation by national courts, reinforcing its authority.
- Community law creates a new legal order with limited state sovereignty and rights for individuals.
- These rights come from the treaty, not just explicit grants.
Sources of EU Law
Primary Sources
- Treaties (e.g., Treaty on European Union (TEU), Treaty on the Functioning of the European Union (TFEU))
- General principles of EU law (unwritten rules)
Secondary Sources
- Legal acts enacted by EU institutions (e.g., regulations, directives, decisions)
- International agreements
Case Law of the CJEU
- Principle of conferral (Treaty of Lisbon): EU powers are allocated through treaties.
- Different types of legal acts and their characteristics were discussed including the legislative procedure, delegated acts, and implementing acts.
- Decision making process was discussed based on the legislative procedure (Reg/Dir/Dec from a proposal, specific cases with special legislative procedures), legislative acts, delegated legislation, implementing acts.
EU Law and National Law
- EU law has autonomy, direct effect, primacy, and state liability.
- Treaties have vertical and horizontal direct effect
- Regulations have vertical and horizontal direct effect.
- Directives have vertical direct effect if unconditional/sufficiently clear.
- Decisions have vertical direct effect if addressed to a specific state.
Primacy of EU Law
- EU Law takes precedence over national law in conflicts.
- National courts must disapply conflicting national provisions.
State Liability for a Breach of EU Law
- Member states are liable for damages arising from their failure to comply with EU law.
- Individuals can seek compensation.
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Description
This quiz explores the European Union's legal framework, focusing on the significance of treaties and the role of the Court of Justice. It also examines the sources of EU law, including primary and secondary sources. Test your understanding of how EU law functions and its implications for member states and citizens.
