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18 Cards in this Set
- Front
- Back
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Jany |
Self-employed prostitutes - CJEU ruled that Dutch state was discriminating and infringing their right to freedom of movement by refusing their residence permits |
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Josemans |
Because the sale of drugs is illegal in the EU, the ECJ ruled that Maastricht was entitled to discriminate in sales to non-nationals on policy grounds (ie. to stop drug tourism) |
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Kolpinghuis |
ECJ ruled that a harmonious interpretation must be given to EU law as regards national law, but a Directive cannot, of itself and independently of implementation, determine or aggravate an individuals criminal liability - rule of non-retroactivity |
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Melloni |
CJEU ruled that the conditions Spanish Constitution could not prevent the execution of an EWA as the ability of a Member State to give higher protection under the Charter does not apply to harmonising measures |
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Ship Source Pollution |
It is for the Member States to determine the type or level of criminal penalties where the Commission legislates for criminal penalties |
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Vo |
Member States may impose criminal penalties for illegal immigration where EU visas were fraudulently obtained but have not yet been annulled |
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Traffic Offences |
Directive should have been adopted on the basis of road safety rather than police cooperation given its objective |
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Pupino |
CJEU ruled that national courts are required to interpret national law in light of EU law (Framework Directive on rights of victims) unless the interpretation goes against general principles of law |
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Greek Maize |
Article 4(3) TEU requires Member States to take all necessary measures to guarantee the application and effect of EU law and the Greek State had failed to do so |
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X |
Framework Directive on victim's right to give evidence and protection of vulnerable victims did not preclude national provisions which do not require the Public Prosecutor to allow evidence to be given pre-trial |
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Salduz |
Decision of the ECtHR - failure to provide a person in police custody with access to a lawyer is a breach of Article 6 ECHR |
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Gozutok & Brugge |
The principle of ne bis in idem operates under Article 54 CISA where further prosecution has been definitively barred, even if there was no judicial decision |
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Mantello |
The "same acts" under Article 54 CISA does not prevent prosecution for acts which were known to the police of a Member State at the time of the original prosecution but were not prosecuted |
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Akerberg Fransson |
CJEU ruled that where Member States act within the scope of EU law they are bound by EU fundamental rights but in this case ne bis in idem was not breached as earlier sanctions had not been criminal |
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Spasic |
CJEU ruled that where a final and binding penalty from one Member State has not been enforced or is not in the process of being enforced, this does not prevent prosecution by another Member State |
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Advocaten voor de Weld |
Challenge to validity of the Framework Directive for the EWA based on the lack of legal certainty in the abolition of the double criminality rule and listed offences - ECJ was satisfied that the fact that the offences were not harmonised in penalties, obligations had not changed |
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Wolzenburg |
ECJ ruled that a Member State could not introduce supplementary requirements in addition to duration of residence in deciding that a person could serve their EWA sentence in that Member State |
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Radu |
ECJ ruled that Member States are not required to consider whether fundamental rights had been observed by the other Member State when issuing an EWA |
