IBL at Technische Hochschule Nürnberg

Flashcards and summaries for IBL at the Technische Hochschule Nürnberg

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Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

Define direct effect

Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

What are the discriminatory measures based on the origin of a product that are to be banned aswell? (in add. to art. 34, scope of protection, b)

Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

Name the Keck & Mithouard Criteria (1993) 

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Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

Explain the Rule of Reason (Cassis Criteria, 1979) 

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Define the principle of harmonious interpretation

Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

Name the Harmonization Measures under Art.114

Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

What are the preconditions for EU law to be in conformity with the Principe of subsidiarity (Art. 5 TEU)

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Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

Characterize the twin principle "equivalence" & "practical possibility"

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Describe the content of Art. 340 II TFEU

Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

Describe the composition of the commission 2019-2024!

Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

What is meant by primacy of EU law (or supremacy)?
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Define vertical character/effect (Scope of protection)

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Exemplary flashcards for IBL at the Technische Hochschule Nürnberg on StudySmarter:

IBL

Define direct effect

Capacity of EU norm to be invoked by a private (natural or legal) person before a national court or administrative agency, however having regard to treaty provisions

IBL

What are the discriminatory measures based on the origin of a product that are to be banned aswell? (in add. to art. 34, scope of protection, b)

1. Discrimination de jure? (open: expressis verbis in relation to foreign product, disguised: entailed neutral criteria relating to foreign product)

2. Quantitative restriction? (Quota, Volume)

3. Measures having equivalent effect to quantitative restriction (MEQR's)?

IBL

Name the Keck & Mithouard Criteria (1993) 

1. National provisions restricting or prohibiting selling arrangements

2. Affecting in the same manner in law (de jure) the marketing of  domestic products and those form other MS (non-discriminatory de jure?)

3. Affecting in the same manner in fact the marketing of domestic products and of those from other MS? (non-discriminatory de facto?) -> No market access hindrance

IBL

Explain the Rule of Reason (Cassis Criteria, 1979) 

1. The practices are of a (de-jure) non-discriminatory character

2. The rule of reason must meet mandatory requirements of public interest (ex: consumer protection, fairness of commercial transactions)

3. National provision must fulfill the conditions of the proportionality test

IBL

Define the principle of harmonious interpretation

Each national provision, which affects the area regulated by the directive (whether adopted before or after its coming to force) must be interpreted by national courts and administrative authorities in the light of the EU demands.

IBL

Name the Harmonization Measures under Art.114

Scope of Applicability

1. No leges specialis applicable?

2. Not excluded by Art. 114


Procedural Precondition of Art 114 I TFEU

In accordance with ordinary legislative procedure (Art 289, 294)


Substantive Preconditions of Art 114

a) Enactment of measures

b) Improvement of the internal market (differences between laws of MS obstruct  fundemental freedom)

c) Secondary aims (stated in 114 (3))

IBL

What are the preconditions for EU law to be in conformity with the Principe of subsidiarity (Art. 5 TEU)

1. the area in question must not fall within the categories of exclusive competences 

2.the objectives of the proposed action must not be sufficiently achieved by the MS

3. it must redetermined whether the. objective at issue can be better achieved at union level

IBL

Characterize the twin principle "equivalence" & "practical possibility"

Equivalence or non-discrimination

Conditions for reparations in cases of a violation of community law were not to be less favorable than those relating to similar claims regarding a breach of nat. law


Practically possible

Conditions for reparation in cases of violation of community law were not to be so framed as to render virtually impossible of the right to obtain reparation.

IBL

Describe the content of Art. 340 II TFEU

In case of non-contractual liability, Union shall in accordance with general principles common to the national laws, make good any damages caused by its institiutions or servants in the performance of their duties.


Such damage action is to be addressed to the Union itself which is represented by the organ to which the measure in dispute can be attributed.


Applicant must claim that he/she has suffered damages from unlawful (invalid) measures of an EU instition.

IBL

Describe the composition of the commission 2019-2024!

Art. 17 V TEU: commission shall consist of a number of memebers including:

  • president & high representative of the Union for Foreign Affairs & Security Policy
  • Corresponding to 2 thirds of the number of MS -> unless European Council acting unanimously (einstimmig) decides to alter this number


2013: Council altrs this number: 1 commissioner per each MS. 

2019: Commission of von der Leyen started work in a compostion of 28 members (now: 2)

IBL

What is meant by primacy of EU law (or supremacy)?
If there is a conflict between EU law and the law of MS, EU law prevails 

supremacy phenomenon:
The law stemming from the treaty, cannot, because of its special and original nature, be overriden by domestic legal provisions, however framed.

IBL

Define vertical character/effect (Scope of protection)

Is the subject measure at issue attributable to a state entity?

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