Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
41 Cards in this Set
- Front
- Back
|
cassis de dijon |
Principle of mutual recognition first only in internal market but has extended to many other fields |
|
|
Köster |
judicial approval of comitology |
|
|
Biocides |
eu legislature has discretion when it decides to confer A delegated or implementing power judicial review is limited to manifest errors of assessment |
|
|
Visa Reciprocity |
amending a legislative act |
|
|
EURES |
supplementing a legislative act the court said that in exercising and implementing power the commission may neither amend nor supplement the legislative act even if it is about the non-essential elements |
|
|
Connecting Europe |
focused on the line between the power to amend and the power to supplement within article 290 |
|
|
3 Tobacco Advertising |
art 114 TFEU as a legal basis for the specific objective of harmonisation |
|
|
ENISA |
art 114 is a suitable legal basis for the creation of agencies |
|
|
ESMA Short Selling |
Meroni doctrine upheld but there can be discretionary powers |
|
|
Meroni |
How to delegate powers: - explicit act of delegation - no more powers than those conferred - same conditions and limits of the delegating authority - exercise of powers is subject to supervision - no discretionary powers |
|
|
Romano |
Acts have the force of law cannot be delegated |
|
|
Plaumann |
Acts have force of law cannot be delegated |
|
|
Inuit |
Regulatory act is a non legislative act of general application |
|
|
Crispoltoni |
If youre not contacted before or on the change of new regulation this is a violation of the principles of legal certainty and legitimate expectation |
|
|
Mulder |
had legitimate expectation because he had a specific deal with the commission that he would have no quota afterwards |
|
|
Borelli |
National courts have to admit claims on national preparatory measures even though they wanted to declare it inadmissible |
|
|
Fotofrost |
Preliminary question on validity of EU law |
|
|
Töpfer |
Legitimate expectations are a part of the EU legal order |
|
|
Wednesdbury |
Test for proportionality in the UK A measure is only unlawful when there is manifest unreasonableness measures pass the proportionality test easier |
|
|
internationale handelsgesellschaft |
german proportionality test also the test at the EU level |
|
|
Algera |
origin of EU principles upload download system |
|
|
Deutsche Michkontor |
protection of legit expectation is not a violation of EU law interests of the EU must be taken into account in the weighing process |
|
|
BUG Alutecknik and Alcan |
Interprets gross negligence a test invented by the CJEU (diligent traders should know of unlawfulness) applicant cant rely on legit expect if the aid was granted unlawfully |
|
|
Agroferm and Rom Projecten |
Art 4:49 GALA subsidies may be withdrawn cannot be done against an ambiguous provision of EU law or public authority acting in breach of EU law |
|
|
Hamble Fisheries |
Application of EU principle of legitimate expectation |
|
|
Greek Maize |
Enforcement measures taken by member states must be equivalent effective dissuasive proportionate |
|
|
French Fisheries |
Enforcement of EU law must be put in to practice Sanctions must exist and be applied |
|
|
Spanish Strawberries |
There is a duty to enforce EU law to make sure that EU law is properly respected |
|
|
Akerberg Fransson |
National enforcement of EU law counts as a MS acting within the scope of EU law |
|
|
Hansen |
it should not be looked at the cross-border element in the enforcement of EU law |
|
|
Johnston |
Principle of effective judicial protection is a general principle of EU law |
|
|
Mono Car |
It is for national law to determine an individuals standing and legal interest in bringing proceedings but EU law requires in addition to equivaence and effectiveness that national leg doesnt undermine the right to JP |
|
|
Verholen |
if eu law grants a right individuals should be able to enforce it |
|
|
Trianel |
MS must ensure that members of the public concerned have a sufficient interest or maintain the impairment of a right have access to a review procedure |
|
|
Slovak Brown Bear |
Where the criteria laid down in national law are met, members of the public will have access to administrative or judicial procedures |
|
|
Rewe |
principle of equivalence and effectiveness in procedural rules |
|
|
Alassini |
General principle is an additional step Principle EJP embodies equivalence and effectiveness right of ejp can be limited if - objective of general interest - proportionality - restriction doesnt touch on the substance of the right |
|
|
Emmott |
if a directive is not transposed there is no time limit You can bring your claim at any time |
|
|
Kühne and Heitz |
the reopening of final decisions |
|
|
Zuckerfabrik |
Unlawful EU law |
|
|
Factortame |
unlawful national law |
