International Law at Technische Hochschule Aschaffenburg | Flashcards & Summaries

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TESTE DEIN WISSEN

What is the Citizen's Initiative? Does it lead to a new legislation?

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TESTE DEIN WISSEN

It was introduced by the Lisbon Treaty in 2009. It is not a real initiative, it is an invite for the European Citizens to make a proposal to the Commission about things they care about. It does not forcingly to a new legislation but makes the EU more democratic.

-> Art. 11 Nr. 4 TEU

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TESTE DEIN WISSEN

What is the reason for the necessity of a legal basis for any new European legal act?

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TESTE DEIN WISSEN

The reason lies within the principle of conferral (Art. 5 (1) TEU). This principle limits the EU powers. It means that the EU can only act within the competences enacted upon it by the MS in the treaties.

->The functioning of the EU  is based on its treaties. If there isn't a legal basis in the treaties for the EU to act on, the EU can't enact any legislation on that issue. (Art. 2 (1) TFEU.)

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TESTE DEIN WISSEN

Which institutions do pass the laws on the proposal of whom? Articles?

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TESTE DEIN WISSEN

The Commission has a proposal monopoly. (Art. 294 (2) TFEU)


The European Parliament and the Council together are passing the laws. (Art. 289 (1) TFEU)

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TESTE DEIN WISSEN

CISG

Which three elements constitute an offer?

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TESTE DEIN WISSEN

1) Proposal sufficiently definite + (2) intention to be bound + (3) effective offer

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TESTE DEIN WISSEN

The EU law constitutes a new legal order. What about the relation between this European legal order and the national legal systems of the member states?

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TESTE DEIN WISSEN

The European legal order is on a higher level than the national legal systems of the MS. It can't be overridden by domestic law provisions. The EEC Treaty has its own legal system and became an integral part of the legal systems of the MS which their national courts are bound to apply. With that the MS have limited their sovereign rights and created a body of law which binds both their nationals and themselves. 

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TESTE DEIN WISSEN

Why is the ‘supremacy of EU law’ a logical consequence of the confer of partial legislative power on the EU?

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TESTE DEIN WISSEN


The Member States limit their sovereign rights by conferring competences to the EU which therefore gets sovereign itself. The confer of (partial) legislative power enables the EU to adopt its own legislation (secondary union law). Since the European legal order is integrated in the legal systems of the MS they have to accept→ duty of sincere cooperation. (Art. 4 (3) TEU) The EU law combines the interests of all member states, thus it has to be the superior law.
Also Costa vs ENEL:

“law... could not because of its special and original nature, be overridden by domestic legal provision... without being deprived of its character as Community law and without the legal basis of the Community itself being called into question.” 

→ from here you can take the “absurdity” or “logique” argument! 

 

Lösung ausblenden
TESTE DEIN WISSEN

In a range of most recent judgments, the Court focused on the Charter of Fundamental Rights of the EU.

a) Why is this worth to be emphasised? 

b) Do you remember the name of one of these judgments, perhaps also the facts and the fundamental right(s) in question?


 

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TESTE DEIN WISSEN

a) With the Treaty of Lisbon, the Charter of Fundamental Rights of the EU came into force in the year 2009. Since then, more and more the ECJ has started to argue in its cases with these Fundamental Rights. Many of these cases are really famous and were published. They build a new level of case law. 


b) 2014: “Google” – Right to be forgotten (Art. 8 & 7 Charter)

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TESTE DEIN WISSEN

What is the subject of the Declaration No 17 belonging to the Treaty of Lisbon?

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TESTE DEIN WISSEN

The Conference recalls that, in accordance with well settled case law of the Court of Justice of the European Union, the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of MS, under the conditions laid down by the said case law. 

The MS in the year 2009 (date of the Treaty of Lisbon) decided that there is no need to integrate the principle into the treaties because the case law is settled and it’s sufficient to have the principle in case law. 

Lösung ausblenden
TESTE DEIN WISSEN

What is the result of the Costa vs. ENEL ruling?

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TESTE DEIN WISSEN

The European Court of Justice holds that Community law overrules national law.

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TESTE DEIN WISSEN

Which landmark decisions paved the way for the ‘supremacy of EU law’?

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TESTE DEIN WISSEN

It's a legal doctrine / cornerstone principle that resulted from settled case-law of the Court of Justice. The two landmark decisions were "Costa vs. ENEL (C-6/64)" and "Van Gend vs. Loos (C-26/62)". 

Lösung ausblenden
TESTE DEIN WISSEN

A German buyer included in the contract just a hint to his “standard terms” without sending them to the Spanish seller. Is this sufficient for the incorporation (and effectiveness) of the “standard terms”?

Lösung anzeigen
TESTE DEIN WISSEN

No. Unless specific provisions the regular “offer-acceptance-mechanism” according to Art. 14, 18 CISG applies. The user of “standard terms” has to send them to the buyer or to make them otherwise actively available for the buyer.

Lösung ausblenden
TESTE DEIN WISSEN

Does a proposal to conclude a contract published on a website constitute an offer in terms of Art. 14 CISG?

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TESTE DEIN WISSEN

First look at Art. 8 2,3 for whether or not it is binding.

 Then a proposal which is addressed to an unknown number of people is considered as an “invitation to make offers” (Art. 14 II CISG)

So probably no. 

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Q:

What is the Citizen's Initiative? Does it lead to a new legislation?

A:

It was introduced by the Lisbon Treaty in 2009. It is not a real initiative, it is an invite for the European Citizens to make a proposal to the Commission about things they care about. It does not forcingly to a new legislation but makes the EU more democratic.

-> Art. 11 Nr. 4 TEU

Q:

What is the reason for the necessity of a legal basis for any new European legal act?

A:

The reason lies within the principle of conferral (Art. 5 (1) TEU). This principle limits the EU powers. It means that the EU can only act within the competences enacted upon it by the MS in the treaties.

->The functioning of the EU  is based on its treaties. If there isn't a legal basis in the treaties for the EU to act on, the EU can't enact any legislation on that issue. (Art. 2 (1) TFEU.)

Q:

Which institutions do pass the laws on the proposal of whom? Articles?

A:

The Commission has a proposal monopoly. (Art. 294 (2) TFEU)


The European Parliament and the Council together are passing the laws. (Art. 289 (1) TFEU)

Q:

CISG

Which three elements constitute an offer?

A:

1) Proposal sufficiently definite + (2) intention to be bound + (3) effective offer

Q:

The EU law constitutes a new legal order. What about the relation between this European legal order and the national legal systems of the member states?

A:

The European legal order is on a higher level than the national legal systems of the MS. It can't be overridden by domestic law provisions. The EEC Treaty has its own legal system and became an integral part of the legal systems of the MS which their national courts are bound to apply. With that the MS have limited their sovereign rights and created a body of law which binds both their nationals and themselves. 

Mehr Karteikarten anzeigen
Q:

Why is the ‘supremacy of EU law’ a logical consequence of the confer of partial legislative power on the EU?

A:


The Member States limit their sovereign rights by conferring competences to the EU which therefore gets sovereign itself. The confer of (partial) legislative power enables the EU to adopt its own legislation (secondary union law). Since the European legal order is integrated in the legal systems of the MS they have to accept→ duty of sincere cooperation. (Art. 4 (3) TEU) The EU law combines the interests of all member states, thus it has to be the superior law.
Also Costa vs ENEL:

“law... could not because of its special and original nature, be overridden by domestic legal provision... without being deprived of its character as Community law and without the legal basis of the Community itself being called into question.” 

→ from here you can take the “absurdity” or “logique” argument! 

 

Q:

In a range of most recent judgments, the Court focused on the Charter of Fundamental Rights of the EU.

a) Why is this worth to be emphasised? 

b) Do you remember the name of one of these judgments, perhaps also the facts and the fundamental right(s) in question?


 

A:

a) With the Treaty of Lisbon, the Charter of Fundamental Rights of the EU came into force in the year 2009. Since then, more and more the ECJ has started to argue in its cases with these Fundamental Rights. Many of these cases are really famous and were published. They build a new level of case law. 


b) 2014: “Google” – Right to be forgotten (Art. 8 & 7 Charter)

Q:

What is the subject of the Declaration No 17 belonging to the Treaty of Lisbon?

A:

The Conference recalls that, in accordance with well settled case law of the Court of Justice of the European Union, the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of MS, under the conditions laid down by the said case law. 

The MS in the year 2009 (date of the Treaty of Lisbon) decided that there is no need to integrate the principle into the treaties because the case law is settled and it’s sufficient to have the principle in case law. 

Q:

What is the result of the Costa vs. ENEL ruling?

A:

The European Court of Justice holds that Community law overrules national law.

Q:

Which landmark decisions paved the way for the ‘supremacy of EU law’?

A:

It's a legal doctrine / cornerstone principle that resulted from settled case-law of the Court of Justice. The two landmark decisions were "Costa vs. ENEL (C-6/64)" and "Van Gend vs. Loos (C-26/62)". 

Q:

A German buyer included in the contract just a hint to his “standard terms” without sending them to the Spanish seller. Is this sufficient for the incorporation (and effectiveness) of the “standard terms”?

A:

No. Unless specific provisions the regular “offer-acceptance-mechanism” according to Art. 14, 18 CISG applies. The user of “standard terms” has to send them to the buyer or to make them otherwise actively available for the buyer.

Q:

Does a proposal to conclude a contract published on a website constitute an offer in terms of Art. 14 CISG?

A:

First look at Art. 8 2,3 for whether or not it is binding.

 Then a proposal which is addressed to an unknown number of people is considered as an “invitation to make offers” (Art. 14 II CISG)

So probably no. 

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