Overview of EU Law

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Questions and Answers

What does the principle of supremacy in EU law imply?

  • National law prevails over EU law.
  • EU law is superior to national law in case of conflict. (correct)
  • EU law is secondary to national legislation.
  • National laws can override EU regulations.

Which treaty is NOT considered primary law in the EU?

  • Regulation on Member State Cooperation (correct)
  • Treaty on the Functioning of the European Union (TFEU)
  • Treaty of Lisbon
  • Treaty on European Union (TEU)

How are regulations characterized in the context of EU law?

  • They are binding but only on certain member states.
  • They are directly applicable in all member states. (correct)
  • They are proposals that need approval from the Council.
  • They require national implementation measures.

What role does the European Council play in EU institutions?

<p>Defines the EU's general political directions and priorities. (B)</p> Signup and view all the answers

Which statement is true regarding the ordinary legislative procedure in the EU?

<p>It involves co-decision between the European Parliament and the Council. (C)</p> Signup and view all the answers

What type of legal act in EU law binds member states to achieve a specific result but allows flexibility in implementation?

<p>Directive (C)</p> Signup and view all the answers

Which institution is responsible for interpreting EU law and ensuring its uniform application across member states?

<p>Court of Justice of the European Union (CJEU) (C)</p> Signup and view all the answers

Which of the following statements about decisions in EU law is correct?

<p>They only apply to the specific parties or states they are addressed to. (C)</p> Signup and view all the answers

What does the Direct Effect principle allow individuals to do?

<p>Invoke EU provisions directly before national courts (A)</p> Signup and view all the answers

What is the primary purpose of Indirect Effect in EU law?

<p>To ensure national laws are compatible with EU law (B)</p> Signup and view all the answers

Which of the following areas does not fall under the realm of EU law?

<p>Internal taxation policies (C)</p> Signup and view all the answers

In which scenario are member states liable under State Liability?

<p>For failure to implement EU law completely (B)</p> Signup and view all the answers

Which of the following challenges does EU law face regarding its application?

<p>Uniform application across member states (D)</p> Signup and view all the answers

What impact do public opinions have on EU law?

<p>They can influence the feasibility of enforcing EU regulations. (C)</p> Signup and view all the answers

What is a primary objective of Competition Law within EU law?

<p>To prevent monopolistic practices and ensure fair competition (B)</p> Signup and view all the answers

What is likely to influence the future of EU law?

<p>Technology advancements and global changes (B)</p> Signup and view all the answers

Flashcards

Supremacy of EU Law

EU law takes precedence over national law when they conflict.

EU Treaties

The core legal documents that establish the EU's goals, powers, and institutions.

EU Regulations

Laws directly applicable in all EU member states, requiring no national implementation.

EU Directives

Laws that set goals but leave implementation details to member states.

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EU Decisions

Legal acts binding only on specific parties or states.

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European Commission

The institution proposing EU laws and managing EU budgets.

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European Parliament

The institution with legislative power sharing with the Council, representing citizens.

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Court of Justice of the European Union (CJEU)

The court that interprets EU law, ensuring uniformity across member states.

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Direct Effect

Individuals can directly bring EU provisions before national courts, forcing them to apply EU law.

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Indirect Effect

National courts must interpret national laws in a way that's consistent with EU law.

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State Liability

Member states are responsible for damages caused by their own authorities breaking EU law.

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EU Competition Law

EU rules ensure fair competition within the single market by preventing anti-competitive practices.

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EU Fundamental Rights

EU law protects fundamental human rights, ensuring everyone in the EU enjoys them equally.

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Balancing National Interests and EU Objectives

EU rules address diverse national interests while achieving common EU goals.

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Ensuring Uniform Application of EU Law

EU law needs to be applied consistently across different member states, even with different legal systems.

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Adapting EU Law to Global Changes

EU law must adapt to changes in the global environment, like technology and geopolitics.

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Study Notes

Overview of EU Law

  • EU law is a complex system of rules and principles governing the functioning of the European Union, impacting individuals, businesses, and member states.
  • EU law is based on the principle of supremacy, meaning EU law prevails over national law in case of conflict.
  • EU law consists of primary and secondary law.
  • Primary law includes the treaties establishing the EU (TEU and TFEU).
  • Secondary law comprises legislation adopted by EU institutions (regulations, directives, and decisions).

Sources of EU Law

  • Treaties are foundational legal instruments defining EU objectives, institutions, and powers (TEU and TFEU).
  • Regulations are directly applicable legal acts binding in all member states, needing no national implementation.
  • Directives bind member states concerning results, allowing national authorities to choose the form and method of implementation.
  • Decisions address specific parties or states, binding only on those specified.
  • Principles of EU law (e.g., supremacy) impact the validity and effect of EU law across legal fields.

Institutions of the EU

  • European Commission proposes legislation, manages EU budgets, and represents the EU internationally.
  • European Council defines EU's general political directions and priorities.
  • European Parliament co-legislates with the Council, representing EU citizens.
  • Court of Justice of the European Union (CJEU) interprets and ensures EU law application, maintaining uniformity across member states.

Procedures for EU Legislation

  • Most EU legislation is adopted via the ordinary legislative procedure, involving co-decision between the European Parliament and the Council.
  • This procedure ensures a democratic balance in the EU legislative process.

Key Concepts in EU Law

  • Supremacy of EU law means EU law preempts conflicting national law within its jurisdiction.
  • Direct effect allows individuals to invoke specific EU provisions directly before national courts.
  • Indirect effect requires national courts to interpret national law in accordance with EU law.
  • State liability holds member states accountable for damages caused by their authorities' breaches of EU law.

Practical applications of EU law across a variety of sectors and topics,

  • Environmental Protection: EU regulations establish pollution, waste management, and industrial emission standards.
  • Consumer Protection: EU acts safeguard consumers regarding products, services, and contracts.
  • Free Movement of Goods: EU law regulates goods, services, capital, and people movement within the EU, aiding trade and integration but with regulations to manage potential impacts (e.g., market access quotas, health/safety standards).
  • Fundamental Rights: EU law protects fundamental rights (freedom of expression, religion, assembly), enshrined in the Charter of Fundamental Rights.
  • Competition Law: EU law regulates competition within the internal market to prevent anti-competitive practices and encourage fairness.

Key challenges facing EU law

  • Balancing national interests with EU objectives.
  • Ensuring uniform EU law application across diverse national legal systems.
  • Handling public opinion on EU policies and regulations.
  • Adapting to changes in global affairs.

Future of EU Law

  • EU law's continued evolution and adaptation to new challenges and global trends is inevitable.
  • Emerging technologies, globalization, and geopolitical shifts will shape EU law's future.

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