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18 Cards in this Set
- Front
- Back
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What does Art19(1) TEU say |
CJEU shall ensure that in the interpretation and application of the Treaties the law is observed |
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What does David Pannick say the role of the European Court is |
add spirit to the words of the [Union] texts this is an example of purposive interpretation |
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What does the CILFIT case say |
about the way national courts interpret EU law provided guidance for national courts interpreting EU law “interprted in the light of the provisions of Union law as a whole” |
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What was said in R v Henn and Darby |
prosecuted for transporting indecent material uncertainty over Art 30 EEC whether an absolute prohibition on the import of a particular good was a ‘quantitative restriction on imports’ |
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What was said in Sturgeon v Condor |
ECJ: passengers who arrive 3 hours+ late are entitled to compensation |
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What does AG Sharpston say about Sturgeon v Condor |
its an ‘usurpation of the legislative prerogative’ |
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Grant v SW Trains |
sex discrimination D was in a same sex relationship unlawful discrimination on ground of sexual orientation. Courts did nothing bevause the Amsterdam Treaty was soon to amend the foundation |
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Institute of the Motor Industry v Commissioners of Customs and Excise |
need to be careful when interpreting EU law because its drafted in so many languages |
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What was said in Barber |
example of the court not having the last word D annoyed he had to wait longer to access his pension changing oensions can destabilise evonomies so ECJ doesnt get involved |
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why is the EU a supranational system |
transfer of sovereign rights from Member State to the Union |
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what is Art 4(3) TEU |
loyalty clause |
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what is Marshall v Southampton and SE Hampshire Health Authority show |
supremacy and direct effect. art5(1) expressly says you cant discriminate on sex about retirement shows EU law overruling domestic law |
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what declaration says treaties and law adopted by the union on the basis of the treaties have primacy over the law of the member states |
Primacy Declaration 2007 |
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What does Simmenthal (case) dictate |
member states have a duty to disapply conflicting national law |
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which case best demonstrates direct effect |
Van Gend en Loos: “a provision id directly effective if it imposes a clear, immediate and unconditional obligation” |
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what is vertical direct effect |
individual against the state/public bodies |
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what is horizontal direct effect |
private party against another private party |
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whats another word for purposive interpretation |
teleological interpretation |
