Flashcards
EU1
Cards in this deck (27)
- 1In what circumstances must obstacles to free moment caused by differing national law be acceptable?when there is no community-wide law.
Member states can regulate the area in their own territory, but member state has to satisfy the mandatory requirement, public health, consumer protection,security, preservation of national treasure. It has to be proportionate. - 2What kind of national laws are capable of being MEGR?1: those restricting goods by colour, size, shape or label
2: Goods that have to conform to specific standards.
3: Law that is capable of influencing traders. Commission v Ireland (buy Irish) - 3Cassis De Djion (Cassis rule of reason) principal. provides justification beyond art 36. import of Cassis to Germany.When there is no community wide law, hinderance caused by a member states is acceptable so long as nation law does not go beyond what is necessary to achieve the aim(principal of proportionality) and satisfy the mandatory requirement.
2: Mutual recognition , good lawfully produced in one county is acceptable in others. - 4Article 34 TFEU1 Quantitative restriction
2. measure equivalent of quantitative restriction - 5Keck supermarket selling at loss to increase its sale and capture shoppersNational law restricting or prohibiting sale of goods does not fit in Article 34 provided
1: applies to all traders
2:They effect the national or other member states in law and in fact (has to be non discriminatory indistinctly applicable) - 6Article 30 TFEUAny fiscal rule on import or export is in breach of article 30 and has MEQR
- 7Mandatory requirement under Cassis de DjionPublic health
public policy
public securtiy - 8Article 151 TFEUFundamental social rights of workers.
promotion of employment,improvement of living and working condition, development of human resources, dialogue between management and labour force. Member states and community to have joint role - 9Article 153 of TFEU H & Simplements Article 153
excluding harmonisation.
member state to take the role and community assisting. - 10Article 157 TFEUMember state to apply equal pay for equal work and equal treatment. Council dictating
members adopt - 11Article 156 TFEUCommission encourages EU member on social policy regarding labour law and condition employment,social security, occupational hygiene and H @ S, by establishing guidelines, research best practice.
- 12Foster v British gas [1990] Defines public body.enforce directive against a state or emanation of state
- 13Van Gend en Loos v netherlands adminstratie der BlastingenCriteria: treaty articles are directly effective if it is clear, precise, unconditional and no room for discretion
- 14directive 2003/88 working time directivehours of weekly, daily work.
rest time and breaks.
annual leave night work and shift work. - 15Von Colson principal (principal of indirect effect) two female social workers claim discrimination and seeking remedy form German Court.Member state (national courts) have to interpret the directive to fulfil the objective of the treaty
- 16Rattie Unimplemented directiveDirective have direct effect if it is clear and unconditional and the time for implementation has passed
- 17Harmonisation???
- 18Subsidiarity??
- 19Direct effect/ directly effectiveIndividual can bring a case or defend his case in national court base on EU law
- 20Directly applicableEu law that takes effect on all member states as soon as it is passed
- 21Dual vigilance (EU context)Commission, member states and individuals
observe breach of EU law. - 22Commission v. UK: Re UHT Milk protection of health.Member state wishing to derogate from Art 36 have to prove the burden of health risk.
- 23Negative integrationIt is removing barriers to single market
such as Cassis de Dijon - 24Positive integrationharmonising a common policy such as harmonising food labelling.
- 25Answering questions regarding art 34Art 34...Example...Good...Measure...QR/MEQR...
Distinctly/indistinctly..... Art 36 (disguise/disproportionate/arbitrary)...Cassis 1...Cassis 2 - 26Cassis mandatory requirementNational law can be justified on public interest ground take priority over free movement of goods.
Safety Health, environment, consumer protection. - 27Preliminary ReferenceInterpretation of EU law by CJEU referred by court of member state.
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- 2 EU law Flashcards on EU1, created by haideh_hillier on 12/07/2013.
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- haideh_hillier
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