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European Law

Wat is handig om sowieso te leren:

- 4 stages of economic cooperation.

Een van deze 4 vragen komt er bijna zeker in:

• Question 1: What is meant by: вЂ?the EC treaty is self-executing’? Provisions which create rights and obligations for the subjects of national law вЂ" natural and legal persons.

• Question 2: What is meant by: вЂ?provisions can have direct effect’? The provision must be sufficiently clear and precisely stated. It must be unconditional or non-dependent. The provision must confer a specific right for the citizen to base his or her claim on. It is therefore applicable in the case of treaty articles (van Gend en Loos was a claim based on a treaty article), in which case it can be both vertically and horizontally directly effective.

• Question 3: What is meant by the “democratic deficit” of the EU? This refers to the fact that the European Parliament which is the voice of the people and its main job it is to pass European laws has legislative power but together with the Council. Proposals for new laws come from the Commission.

• Question 4: Explain the importance of the decisions of the Court of Justice, and give three principles which it has developed. The Court of Justice is taking care that every judgement is equally applied to all Member States.

Verder is het aan te raden om van elk hoofdstuk de samenvattingen gewoon te leren. Dan weet je waar alles globaal over gaat. De bijgevoegde powerpoints kun je het best ook gewoon even doorspitten, een van de vragen zal zeker gaan wat een functie is van de Commission/Council oid. Staat allemaal in de powerpoints.

Heb ook een documentje bijgevoegd waarin gepraat wordt over Europa, weet niet of dat heel nodig is maar hoe meer kennis hoe beter denk ik.

Hieronder de artikelen:

Article 12: prohibits discrimation on grounds of nationality.

Article 17: established citizenship of the European Union.

Article 18: right of free movement and residence of Union Citizens = Baumblast renewing of residents permit. Had been refused on grounds that he was no longer working or employed by UK. He had sufficient financial resources.

Article 23-25: ensure removal of customs duties or charges having equivalent effect (CEE) = Diamond case: Belgium levied a tax on diamonds which were for the social benefits for the diamond employees in Belgium. Not allowed.

Article 28: relates to import = MEQR пÑ" Dassonville.

Belgian law required a certificate of origin.

Cassis de Dijon = outside Article 28, rule of reason.

Measures which make imports more difficult or costly (вЂ" alcohol %,)

French liquor Cassis de Dijon could not be imported into Germany because of insufficient alcoholic strength (15 and 20% instead of 25%). Applicant: this is an MEQR. Germany said: this is necessary in order to protect public health.

Article 29: relates to export = Keck and Mithouard-case пÑ" prohibition of sale at a loss.

Article 30: exceptions when a state is allowed to place restrictions on the movement of goods.

Article 39: free movement of workers =

Van Duyn case

Permission refused because the Scientology is forbidden in England bt contrary public policy who intended to work at a Scientology establishment, were not admitted into the country. She lost on the facts because the Court of Justice could held that personal conduct that membership of a particular organization = Directive 64/221.

Hoekstra case

Included in the definition of �worker’ is also a person who, having left her job, is not currently in employment but is capable of taking



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