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Questions and Answers
What do substantive principles emphasize in public administration?
What do substantive principles emphasize in public administration?
What is one of the roles of courts in the context of substantive principles?
What is one of the roles of courts in the context of substantive principles?
Which of the following statements least reflects the importance of the Rule of Law?
Which of the following statements least reflects the importance of the Rule of Law?
Which principle suggests that there should be limitations on government power?
Which principle suggests that there should be limitations on government power?
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What is a fundamental concern of substantive principles regarding governmental decisions?
What is a fundamental concern of substantive principles regarding governmental decisions?
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What principle requires that the administration's competence to act must have a basis in legislation?
What principle requires that the administration's competence to act must have a basis in legislation?
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What is a core characteristic of the Rule of Law regarding government actions?
What is a core characteristic of the Rule of Law regarding government actions?
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According to the content, who has sovereignty according to the Rule of Law?
According to the content, who has sovereignty according to the Rule of Law?
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Which article of the TFEU outlines the jurisdiction of the Court in relation to actions taken by EU institutions?
Which article of the TFEU outlines the jurisdiction of the Court in relation to actions taken by EU institutions?
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What must governments refrain from violating according to the Rule of Law?
What must governments refrain from violating according to the Rule of Law?
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What concept is described as the notion that administration should be procedurally and substantively accountable before the courts?
What concept is described as the notion that administration should be procedurally and substantively accountable before the courts?
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What role does legislation play in relation to the administration's powers?
What role does legislation play in relation to the administration's powers?
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Which of the following best describes the responsibility of governments under the Rule of Law?
Which of the following best describes the responsibility of governments under the Rule of Law?
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What does the principle of legal certainty require in EU law?
What does the principle of legal certainty require in EU law?
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What effect does the principle of legal certainty generally have on Community measures?
What effect does the principle of legal certainty generally have on Community measures?
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Under what condition can EU law have retroactive effect?
Under what condition can EU law have retroactive effect?
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Which article outlines the non-retroactive effect of EU legislative acts?
Which article outlines the non-retroactive effect of EU legislative acts?
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In which case was the necessity of clear rules for individuals emphasized?
In which case was the necessity of clear rules for individuals emphasized?
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What should happen if a legislative act does not specify an entry into force date?
What should happen if a legislative act does not specify an entry into force date?
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Which term refers to the expectation individuals have regarding legal consequences of their actions?
Which term refers to the expectation individuals have regarding legal consequences of their actions?
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What must be respected for retroactive effect to be justified under EU law?
What must be respected for retroactive effect to be justified under EU law?
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What does the principle of proportionality imply regarding the disadvantages caused by actions taken?
What does the principle of proportionality imply regarding the disadvantages caused by actions taken?
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In what context is marginal review applied by the CJEU?
In what context is marginal review applied by the CJEU?
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Under Article 191(2) TFEU, what is the primary focus of Union policy on the environment?
Under Article 191(2) TFEU, what is the primary focus of Union policy on the environment?
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Which statement best describes the precautionary principle in EU law?
Which statement best describes the precautionary principle in EU law?
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What are the key components of risk assessment under the precautionary principle?
What are the key components of risk assessment under the precautionary principle?
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What does the precautionary principle allow EU institutions to do in uncertain situations?
What does the precautionary principle allow EU institutions to do in uncertain situations?
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What must measures based on the precautionary principle ensure according to their guidelines?
What must measures based on the precautionary principle ensure according to their guidelines?
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The Pfizer case is a significant example concerning which aspect of EU law?
The Pfizer case is a significant example concerning which aspect of EU law?
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Which principle requires that measures taken by EU institutions do not exceed necessary limits to achieve legislative objectives?
Which principle requires that measures taken by EU institutions do not exceed necessary limits to achieve legislative objectives?
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What is a key requirement for a valid cancellation or revocation of an administrative decision under the principle of legitimate expectations?
What is a key requirement for a valid cancellation or revocation of an administrative decision under the principle of legitimate expectations?
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According to the three-step proportionality test, what is the least restrictive means criterion focused on?
According to the three-step proportionality test, what is the least restrictive means criterion focused on?
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When can unlawful acts be revoked within EU law?
When can unlawful acts be revoked within EU law?
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What does the principle of legitimate expectations prioritize when there is a conflict?
What does the principle of legitimate expectations prioritize when there is a conflict?
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What is the focus of the appropriateness criterion in the proportionality test?
What is the focus of the appropriateness criterion in the proportionality test?
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In which case was the principle of legitimate expectations recognized as a general principle of EU law?
In which case was the principle of legitimate expectations recognized as a general principle of EU law?
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What is required for the annulment of an act that is deemed unlawful under EU law?
What is required for the annulment of an act that is deemed unlawful under EU law?
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Study Notes
Substantive Principles
- This week's focus is on the content of decisions, not how they are made.
Procedural and Substantive
- Last week covered Good Administration, Duty to Give Reasons, and Transparency.
- This week shifts to the substance: the actual content of decisions.
Procedural and Substantive (continued)
- Very few people believe governments should be unchecked
- Governments have limits on what they can do, even if following procedures.
- Rule of law means courts act as a check on government overreach.
Substantive Principles: Motivation
- It's important to challenge unreasonable government decisions.
- Decision-makers must understand limits of governmental power.
Quotes
- "Public administration must respect the purposes and limits set down in laws...into the arbitrary action of tyrannical despots. The task of courts is to enforce those limits." (Bignami)
- "All persons and authorities within the state...should be bound by and entitled to the benefit of laws...publicly administered in the courts." (Lord Bingham)
Rule of Law
- Governments' powers are derived from the people.
- Governmental actions must be within legal limits.
- Legal powers extend to basic administrative decisions.
Rule of Law (continued)
- Administration operates within bounds set by the legislature.
- Legal basis for administrative action is required. (Legality Principle)
- Legislation establishes the limits of administrative power.
Rule of Law: EU
- Administration should be accountable through courts in both procedural and substantive matters. (Paul Craig)
- Article 263(2) TFEU: Courts can rule on issues of competence, process, treaty compliance, or misuse of power in EU cases.
- Article 19(2) TEU: European Court of Justice ensures treaties are correctly applied.
Principle of Legal Certainty
- EU law requires clear, precise rules allowing individuals to easily understand their rights/obligations.
- Case C-308/06, The Queen... emphasizes clear rules for individuals.
- Cases such as Case C 55/91 highlight the importance of legal certainty in EU law.
- EU law must not be retroactive unless legitimate and in public interest (Exceptions exist).
- Article 297(1) TFEU: Legislative acts published; are enforced on specified dates (no retroactive effect).
Principle of Legal Certainty (continued)
- Legitimate expectations should be respected in cases of exceptionally needed retroactive effect.
- Case 98/78 Racke: Exceptions are possible.
- Case T-357/02 emphasizes a balancing test.
The Rule of Law – EU
- Revoking lawful acts is unusual. (Principle of Stability)
- Revoking unlawful acts within a reasonable timeframe, and with consideration for affected individuals is permissible.
- Cases such as Lagardere and Canal+ v Commission highlight exceptions and the balancing act needed,
The Principle of Legitimate Expectations
- A general principle in EU law, vital when admin decisions change or are invalidated.
- Justifiable reliance by individuals is essential (established cases).
- Affected interests must be considered, given that a priority.
Principle of Proportionality
- Article 5(4) TEU: EU action should not exceed what’s necessary for Treaty objectives.
- CJEU recognized proportionality before formalization.
- EU Institutions, Member States, etc, use proportionality.
- Measures balancing public good and individual rights/interests are required (wide use by courts).
Principle of Proportionality (continued)
- The three-step test: Appropriateness, Least Restrictive Measure, Balancing.
- Case examples: (C-260/89 ERT v DEP), (C-343/09 Afton Chemical).
Principle of Proportionality (Judicial Review)
- Marginal review examines broad legislative discretion. (focus on manifest errors)
- Full review is used in cases with limited discretion. (cases impacting fundamental freedoms or member state laws are subject to stricter review)
Precautionary Principle
- Becoming prominent, particularly in environmental and public health contexts
- Addressing risk when scientific certainty is still lacking but harm potential is high.
- Applies in legal cases like Pfizer & Artegodan.
- Legal cases show the application goes beyond environmental policy, potentially relevant to various areas.
Precautionary Principle (continued)
- EU action review for protective measures (when risks are unknown).
- Scientific assessments for balancing protection and economics are used.
- Risk assessments are through; data-driven and transparent.
- The cases Pfizer & Artegodan demonstrate cases.
Precautionary Principle (Risk Assessment)
- Incorporates hazard identification, characterization, exposure appraisal, and risk characterization.
- Ensures data-driven decision-making; transparency.
- Impacts from measures must be proportional and consistent.
- Prioritizes public health over the potential economic effects.
Precautionary Principle (Case Examples)
- Pfizer concerned antibiotic additives in animal feed.
- Artegodan concerned withdrawal of unsafe medicinal products.
- Monsanto involved regulating genetically modified foods.
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Description
This quiz covers the substantive principles that guide public administration decisions. Focus is placed on the content of these decisions and the importance of adhering to the rule of law. It highlights the limits on governmental power and the necessity for decision-makers to be aware of these boundaries.
