EULAW

EU LAW
GROUP B
1. Where is the Court of Justice of the European Union? (CJEU, EU Bíróság)
Luxembourg - YES, also ECJ
Strasbourg - European Court of Human Rights
Geneva - UN base
Hague - International Court of Justice (ICJ)
2. Which case is associated with fishing quotas?
Factortame - YES - English fishing boats needed to be registered, bc the ratio

of Spanish owners to brits was too large (should have been 75% british
Solange
Marleasing
Van Colson
3. Which case is a discrimination case, and what is it about?
Van Colson - gender discrimination regarding a prison job application - YES
Van Duyn - free movement of workers between states, direct effect of

directives on the individual, scientologist wanted to enter UK, denied entry -
YES
Internationale Handelsgesellschaft
Consultational process
4. Which procedure is intended to ensure uniform interpretation of EU law, and how?
Preliminary ruling – decision-making happens in two phases, first the

member state may ask the Court’s opinion, it replies, and the member state
makes the final decision based on that
Ordinary Legislative Procedure (Co-decision)
Consultation Procedure
Consent Procedure
5. Which institution makes legislative proposal?
European Parliament
European Council
European Commission – The Commission makes the proposal, asks the

opinion of the Parliament, and the Council makes the final decision
Court of Justice of the EU
6. What does direct applicability mean?
EU legislation overwrites clashing domestic law.
The majority of EU law is directly applicable in the domestic law of the

member states, meaning it doesn’t need further ratification. – indirect
application has extra steps
7. Which court of justice was the first to state it won’t apply certain parts of EU law?
German constitutional court – Regarding the Internationale

Handelsgesellschaft cases
Czech constitutional court
Constitutional court of Hungary
8. What would be the significance of the EU joining the Europe Council
There would be another court with jurisdiction over the CJEU.

9. Are statutes adaptable into the legislation of member states?
No, bc that would forfeit their union legal characteristics. – it is forbidden to

adapt, they have to be applied without that
10. What is the role of the European Parliament in signing contracts?
If the topic is within their jurisdiction, the contract cannot be accepted without
the EP. – EP is necessary to accept contracts about accession and groupings
11. Costa v Enel?

Action for Annulment?
GROUP A
1. Which institution can be connected to the European Court of Human Rights?
EU
UN
Council of Europe – International court of the Council of Europe, and

interprets the ECHR.
NATO
2. Which legal source automatically overwrites the domestic law of member states?
TEU -
TFEU -
Charter of Fundamental Rights of the European Union (CFR) – ALL OF

THEM
Directives –
3. Which institution adopts legislation in the EU?
European Parliament
The Council
4. What is the role of the European Council during special procedure?
Gives advice that must be taken into account – this, influences processes, sets
direction and priorities
Becomes co-legislator
Merely provides direction – this
Has no role usually
5. What does indirect effect mean?
National law must be interpreted in a way that allows the enforcement of EU

law.
6. When was the Treaty of Lisbon signed
2007
7. What does the communitarisation of the third pillar mean?
Making first visas and asylum, and later police and criminal justice
cooperation part of the first pillar’s legislative area.
8. What needs to be implemented?
Directives - YES
Decrees
Resolutions
Recommendations
9. What is ratification?
Adaptation of directives into domestic law, they only have direct vertical effect
prior.
The incorporation of international agreements, before which they have no

direct effect.
10. Which one has direct effect?
TFEU – SEVERAL PROVISIONS, HORIZONTAL + VERTICAL
Directives - THIS
Regulations – DIRECT LEGAL EFFECT, HORIZINTAL + VERTICAL
The European Social Charter - YES
11. Cases relating to EU Supremacy

Difference between direct and indirect effect, and direct applicability
POSSIBLE CASES
VAN GEND EN LOOS
SOLANGE I & II
RATIFICATION – IMPLEMENTATION
VAN DUYN
FACTORTAME
INTERN. HADGENE

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EU LAW

1. Where is the Court of Justice of the European Union? (CJEU, EU Bíróság)

Luxembourg - YES, also ECJ

Strasbourg - European Court of Human Rights

Hague - International Court of Justice (ICJ)

2. Which case is associated with fishing quotas?

Factortame - YES - English fishing boats needed to be registered, bc the ratio

3. Which case is a discrimination case, and what is it about?

Van Colson - gender discrimination regarding a prison job application - YES

Van Duyn - free movement of workers between states, direct effect of

Preliminary ruling – decision-making happens in two phases, first the

Ordinary Legislative Procedure (Co-decision)

5. Which institution makes legislative proposal?

European Commission – The Commission makes the proposal, asks the

Court of Justice of the EU

6. What does direct applicability mean?

EU legislation overwrites clashing domestic law.

The majority of EU law is directly applicable in the domestic law of the

German constitutional court – Regarding the Internationale

Czech constitutional court

Constitutional court of Hungary

8. What would be the significance of the EU joining the Europe Council

There would be another court with jurisdiction over the CJEU.

No, bc that would forfeit their union legal characteristics. – it is forbidden to

10. What is the role of the European Parliament in signing contracts?

11. Costa v Enel?

1. Which institution can be connected to the European Court of Human Rights?

Council of Europe – International court of the Council of Europe, and

Charter of Fundamental Rights of the European Union (CFR) – ALL OF

3. Which institution adopts legislation in the EU?

Merely provides direction – this

Has no role usually

5. What does indirect effect mean?

National law must be interpreted in a way that allows the enforcement of EU

6. When was the Treaty of Lisbon signed

7. What does the communitarisation of the third pillar mean?

8. What needs to be implemented?

The incorporation of international agreements, before which they have no

TFEU – SEVERAL PROVISIONS, HORIZONTAL + VERTICAL

Regulations – DIRECT LEGAL EFFECT, HORIZINTAL + VERTICAL

The European Social Charter - YES

11. Cases relating to EU Supremacy

VAN GEND EN LOOS

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