FE-1 Law of the European Union flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Regulation under Article 288 TFEU

A legal act of general application that is binding in its entirety and directly applicable in every Member State without any national implementing measure.

Directive under Article 288 TFEU

A legal act binding on Member States as to the result to be achieved, leaving them the choice of form and methods; it requires transposition into national law.

Principle of conferral

Under Article 5 TEU the Union acts only within the limits of the competences conferred on it by the Member States in the Treaties to attain the objectives set there.

Qualified majority voting

Council voting rule under Article 16(4) TEU requiring 55% of Member States representing at least 65% of the Union population; a blocking minority needs at least four members.

Ordinary legislative procedure

The default decision-making procedure of Article 294 TFEU in which the European Parliament and the Council jointly adopt legislation on a Commission proposal, with up to three readings and conciliation.

European Council

Institution of Article 15 TEU composed of heads of state or government that defines general political directions and priorities but exercises no legislative function.

Delegated acts Article 290 TFEU

Non-legislative acts adopted by the Commission to supplement or amend certain non-essential elements of a legislative act, subject to prior delegation and possible objection by the co-legislators.

Direct effect

The capacity of a clear, precise and unconditional EU provision to be invoked before a national court and applied without further national implementing measures, as established in Van Gend en Loos.

Vertical direct effect of directives

A directive may be invoked against the State and bodies emanating from it, such as public service providers under State control with special powers, but not against private parties.

Consistent interpretation

The duty of national courts under Article 4(3) TEU to interpret national law, so far as possible, in light of the wording and purpose of a directive, as held in Marleasing.

Primacy of EU law

The principle, established in Costa v ENEL, that EU law prevails over conflicting national law, including later legislation and constitutional provisions, which national courts must disapply.

Measure having equivalent effect

Under Dassonville, any trading rule enacted by a Member State that is capable of hindering, directly or indirectly, actually or potentially, intra-Union trade.

Mandatory requirements

Cassis de Dijon justifications for indistinctly applicable measures: fiscal supervision, public health, fairness of transactions, consumer protection and other overriding public interests.

Keck selling arrangements

National rules on when, where or by whom goods may be sold fall outside Article 34 TFEU if they apply to all traders equally in law and in fact.

Article 36 TFEU derogations

Express justifications for restrictions on imports or exports: public morality, public policy, public security, health, national treasures and protection of industrial or commercial property; they must be proportionate.

Union worker Lawrie-Blum

A person performing genuine and effective work for and under the direction of another in return for remuneration; the status is independent of the type of employment.

Establishment Article 49 TFEU

The right of self-employed persons and companies to take up and pursue activities in another Member State on a stable and continuous basis, subject to non-discriminatory conditions.

Freedom to provide services

Article 56 TFEU covers the temporary pursuit of an economic activity in another Member State; the provider may rely on it against restrictions such as prior authorisation requirements.

Permanent residence Directive 2004/38

Union citizens and family members who have resided legally for a continuous period of five years in a host Member State acquire a permanent right of residence there.

Article 101(1) TFEU

Prohibits agreements, decisions and concerted practices between undertakings that restrict competition, having as their object or effect the prevention, restriction or distortion of competition within the internal market.

Article 102 TFEU

Prohibits abuse by one or more undertakings of a dominant position within the internal market or a substantial part of it, insofar as it may affect trade between Member States.

State aid Article 107(1) TFEU

A selective advantage granted by the State or through State resources to an undertaking that distorts or threatens competition and affects trade between Member States.

Standstill obligation

Under Article 108(3) TFEU a Member State may not implement new aid before the Commission has approved it; aid granted in breach must be recovered.

Infringement procedure Article 258

The Commission's action against a Member State that fails to fulfil Treaty obligations, proceeding by letter of formal notice, reasoned opinion and, if necessary, referral to the Court.

Acte clair

The CILFIT doctrine allowing a court of last resort to refrain from a preliminary reference where the correct application of EU law is so obvious as to leave no reasonable doubt.

Plaumann test

Natural or legal persons are individually concerned by an EU act only if it affects them by reason of attributes peculiar to them or by a factual situation distinguishing them from all others.

Francovich liability

Member State liability for failure to implement a directive arises where the directive confers rights on individuals, their content is identifiable and there is a causal link to the damage.

Sufficiently serious breach

The condition for State liability set in Brasserie du Pêcheur: a manifest and grave disregard of the limits on discretion, assessed against complexity, clarity and excusability of the breach.

Principle of effectiveness

National procedural rules governing EU rights must not render their exercise practically impossible or excessively difficult, as stated in Rewe, alongside the principle of equivalence.

Charter field of application

Article 51 of the Charter limits it to EU institutions and bodies and to Member States only when they are implementing Union law; it does not regulate purely internal situations.

Indirect discrimination

Occurs where a seemingly neutral provision, criterion or practice disadvantages persons of a particular sex, race, religion, age or other protected ground unless objectively justified and proportionate.

Directive 2006/54 equal treatment

EU directive implementing equal treatment between men and women in employment, covering direct and indirect discrimination, harassment, equal pay and shifting the burden of proof to employers.