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Articles
Articles
Infringement Actions
Brought by the Commission Art. 258 TFEU (Against member states)
Annulment Action (conditions)
Art. 263 TFEU (Against EU bodies)
Preliminary ruling
Art. 267 TFEU
Stages of Infringement proceedings
Informal Phase: Detecting problems and informal discussion (commission on own initiative or complaints of members of the public)
Formal infringement proceedures: 1. letter of formal notice 2. reasoned opinion and deadline for compliance 3. case brought to CJ)
Legal effects of CJ finding violation under Art. 258 TFEU
- does not invalidate national act
-member state has obligation to take the necessary measures to comply (art. 260 (1) TFEU)
-financial sanctions can be imposed (art. 260 (2) and (3) TFEU
Preliminary rulings: Functions?
Art. 267 TFEU: Homogenous interpretation of EU Law and Enforcement of EU Law
Preliminary rulings: Which kind of questions can the CJ answer?
Art. 267 Par. 1 TFEU: Questions of validity of secondary EU Law and Questions on the interpretation of primary and secondary EU law
Preliminary rulings: who can refer questions to the CJ?
Art. 267 Par. 2 TFEU: Any court or tribunal (right of lower court to refer a question of EU law to the CJ cannot be limited by national law)
Preliminary rulings: who must refer questions to the CJ?
Art. 267 Par. 3 TFEU
Liability under EU law for breaching EU law
- by the EU: art. 340 (2) TFEU + enforcement CJEU Art. 268 TFEU)
- by the member states: no explicit legal basis in treaties or sec. law. Introduced by CJEU Francovich + enforcement: damagtes actions against member states before national courts with possibility of preliminary ruling (267 TFEU)
Conditions of liability for breaching EU law
1. the rule of EU law infringed must be intended to confer rights on individuals
2. the breach must be sufficiently serious
3. direct causal link between breach of the obligation and the loss or damage
Treaty revision?
1. Art. 48 TEU: Ordinary revision procedure
2. Art. 48 (6) TEU: Simplified revision procedure
conditions for simplified:
- Revision Part of Part III of the TFEU
- May not increase the competence of the EU
Basic Principles
Extent of EU competence: Principle of conferral Art. 5 (2) TEU
Use of EU competences: 1. Principle of subsidiarity Art. 5 (3) TEU + 2. Principle of proportionality Art. 5 (4)
Categories of competences
Exclusive competences: Art. 2 (1) + 3 TFEU
Shared competences: Art. 2 (2) + 4 TFEU
supporting, coordinating or supplementing competences: Art. 2 (5) + 6 TFEU
Criteria for direct effect (+directives)
General conditions for direct effect:
- Sufficiently clear and precise
- Unconditional in the sense of automatic,,,without further implementation
Special conditions for directives:
- State failed to transpose the directive within the deadline OR the state has breached directive during the transition period
- Applies only in vertical relationships: in this case not given because it is a horizontal between private person and private person. Vertical means between state and private person
Standings to bring Annulment action
Art. 263 TFEU:
- Privileged applicants (263 (2) TFEU): MS, Parliament, counsil, commission -> always standing
- Semi privileged applicants (263 (3) TFEU): Auditors, central bank, committee of the regions -> standing for the purpose of protecting their prerogatives
- Non privileged applicants (263 (4) TFEU):
Violation of fundamental rights
- Is the case within the scope of the rights?
- Are there restrictions/interference with the right?
- If there is a restriction of the right, you have to determine whether there is a proper justification of the right (Art. 52 (1) CFR
- Legal Basis
- Respect the essence of the right
- Proportionality
- Appropriate: (geeignet)
- Necessary: (goes too far)
- Objective of general interest - > (Fight against serious crime and secure public security)
Accession, Exit and Expulsion of EU
Art. 49 + 50 + 7 TEU
EU Values
Art. 2 TEU
EU institutions
Art. 13 TEU: European Counsil, Counsil (of the european union), european parliament, commission, CJ, European Central bank, Court of auditors
Overview and legal rank
1. Treaties (primary law): TEU, TFEU, Protocols and Annexes, CFR (legal rank) Art. 1, 6, 51 TEU + 1 (2) TFEU)
2. General principles of law
3. International agreements concluded by the EU (Art. 216 (2) TFEU)
4. EU legislation (secondary law): Art. 288 TFEU
Legal rank of treaties
same legal rank Art 1 Par. 3, 6 (1), 51 TEU
Instruments of Art. 288 TFEU
legislative and non legislative acts
Non legislative acts
leislative procedures
International agreements (competences)
Art 3 (2) TFEU + Art. 216 (1) TFEU
Broad horizontal competences
Art. 114 TFEU: Harmonization competence
Art. 353 TFEU: Residual competence
Thee major questions regarding the legal effects of international law in domestic order
Dualism and monim
Supramacy of EU law
Problems of enforcement of international law in comparison with domestic law
Jurisdiction of CJ and GC
Sources of EU fundamental rights
Rights and principles (fundamental rights)
Limitations of rights guaranteed by the CFR
Field of application of the CFR
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Flashcards
Infringement Actions
Brought by the Commission Art. 258 TFEU (Against member states)
Annulment Action (conditions)
Art. 263 TFEU (Against EU bodies)
Preliminary ruling
Art. 267 TFEU
Stages of Infringement proceedings
Informal Phase: Detecting problems and informal discussion (commission on own initiative or complaints of members of the public)
Formal infringement proceedures: 1. letter of formal notice 2. reasoned opinion and deadline for compliance 3. case brought to CJ)
Legal effects of CJ finding violation under Art. 258 TFEU
- does not invalidate national act
-member state has obligation to take the necessary measures to comply (art. 260 (1) TFEU)
-financial sanctions can be imposed (art. 260 (2) and (3) TFEU
Preliminary rulings: Functions?
Art. 267 TFEU: Homogenous interpretation of EU Law and Enforcement of EU Law
Preliminary rulings: Which kind of questions can the CJ answer?
Art. 267 Par. 1 TFEU: Questions of validity of secondary EU Law and Questions on the interpretation of primary and secondary EU law
Preliminary rulings: who can refer questions to the CJ?
Art. 267 Par. 2 TFEU: Any court or tribunal (right of lower court to refer a question of EU law to the CJ cannot be limited by national law)
Preliminary rulings: who must refer questions to the CJ?
Art. 267 Par. 3 TFEU
Liability under EU law for breaching EU law
- by the EU: art. 340 (2) TFEU + enforcement CJEU Art. 268 TFEU)
- by the member states: no explicit legal basis in treaties or sec. law. Introduced by CJEU Francovich + enforcement: damagtes actions against member states before national courts with possibility of preliminary ruling (267 TFEU)
Conditions of liability for breaching EU law
1. the rule of EU law infringed must be intended to confer rights on individuals
2. the breach must be sufficiently serious
3. direct causal link between breach of the obligation and the loss or damage
Treaty revision?
1. Art. 48 TEU: Ordinary revision procedure
2. Art. 48 (6) TEU: Simplified revision procedure
conditions for simplified:
- Revision Part of Part III of the TFEU
- May not increase the competence of the EU
Basic Principles
Extent of EU competence: Principle of conferral Art. 5 (2) TEU
Use of EU competences: 1. Principle of subsidiarity Art. 5 (3) TEU + 2. Principle of proportionality Art. 5 (4)
Categories of competences
Exclusive competences: Art. 2 (1) + 3 TFEU
Shared competences: Art. 2 (2) + 4 TFEU
supporting, coordinating or supplementing competences: Art. 2 (5) + 6 TFEU
Criteria for direct effect (+directives)
General conditions for direct effect:
- Sufficiently clear and precise
- Unconditional in the sense of automatic,,,without further implementation
Special conditions for directives:
- State failed to transpose the directive within the deadline OR the state has breached directive during the transition period
- Applies only in vertical relationships: in this case not given because it is a horizontal between private person and private person. Vertical means between state and private person
Standings to bring Annulment action
Art. 263 TFEU:
- Privileged applicants (263 (2) TFEU): MS, Parliament, counsil, commission -> always standing
- Semi privileged applicants (263 (3) TFEU): Auditors, central bank, committee of the regions -> standing for the purpose of protecting their prerogatives
- Non privileged applicants (263 (4) TFEU):
Violation of fundamental rights
- Is the case within the scope of the rights?
- Are there restrictions/interference with the right?
- If there is a restriction of the right, you have to determine whether there is a proper justification of the right (Art. 52 (1) CFR
- Legal Basis
- Respect the essence of the right
- Proportionality
- Appropriate: (geeignet)
- Necessary: (goes too far)
- Objective of general interest - > (Fight against serious crime and secure public security)
Accession, Exit and Expulsion of EU
Art. 49 + 50 + 7 TEU
EU Values
Art. 2 TEU
EU institutions
Art. 13 TEU: European Counsil, Counsil (of the european union), european parliament, commission, CJ, European Central bank, Court of auditors
Overview and legal rank
1. Treaties (primary law): TEU, TFEU, Protocols and Annexes, CFR (legal rank) Art. 1, 6, 51 TEU + 1 (2) TFEU)
2. General principles of law
3. International agreements concluded by the EU (Art. 216 (2) TFEU)
4. EU legislation (secondary law): Art. 288 TFEU
Legal rank of treaties
same legal rank Art 1 Par. 3, 6 (1), 51 TEU
Instruments of Art. 288 TFEU
legislative and non legislative acts
Non legislative acts
leislative procedures
International agreements (competences)
Art 3 (2) TFEU + Art. 216 (1) TFEU
Broad horizontal competences
Art. 114 TFEU: Harmonization competence
Art. 353 TFEU: Residual competence
Thee major questions regarding the legal effects of international law in domestic order
Dualism and monim
Supramacy of EU law
Problems of enforcement of international law in comparison with domestic law
Jurisdiction of CJ and GC
Sources of EU fundamental rights
Rights and principles (fundamental rights)
Limitations of rights guaranteed by the CFR
Field of application of the CFR
