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Unformatted text preview: Look to test in Dassonville (1) significant hindrance and (2) no de minimus test AND Cassis nctly applicable grounds can come from Cassis and NOT limited to categories in Article 36 (EX: consumer protection) If distinctly and indistinctly applicable only grounds enumerated in Article 36 (EX: public health) Was the act justified? Is there a breach of Article 34? ble European consumer this precludes MS from claiming a lower threshold for consumer protection as a justification for restriction on Justification must be: Necessary Appropriate Proportional EUROPEAN UNION LAW INTRO- Functionalism idea that people should cooperate concerning Peace in the 1930s o This idea/attempt failed- Post WWII a number of attempts/ways arose to bring countries together: o NATO o UN o Marshall Plan o Creation of Council of Europe put together European Treaty of Human Rights o Eurovision Song Contest created by the European Broadcasting Commission This includes contestants from each country Population of each country will vote on which original (cheesy) song should win o European Coal and Steel Community created by the Treaty of Paris in 1952 - idea behind this was to bind France and Germany with mutual self-interest Idea of Neo-Functionalism cooperation with something non-political will then spill over into political cooperation INSTITUTIONAL FRAMEWORK Lisbon Treaty abandons the 3 pillar structure and the EC is now referred to as the EU The EU is now based on the following 2 Treaties: (1) Treaty of the European Union (TEU ) Sets out aspirations of the EU - ARTICLE 2 o Statements included are democratic BUT EU is not a democracy - ARTICLE 3 o List of what is in the exclusive competence o Exclusive competence is once the union has acted in that area member states no longer have power within that area VS shared which still allows member states to act within area already occupied by union - ARTICLE 4 o Creates commitment to apply European law o Includes NO statement about the supremacy of EU law- ARTICLE 5 o Statement that explains only the power that can only exercise the power that is given deals with COMPETENCY o When power is exercised - must recognize power of SUBSIDIARY Member states love this because allows them to remain autonomous Especially in areas like Environment - ARTICLE 9- onwards everything should be in line with democracy- ARTICLE 13 o The unions institutions shall be Commission, Council, Bank, etc. No other institution than those enumerated can exercise union power Strict delegation policy No power can be delegated away beyond these These prevents a bureaucracy because bodies are limited- ARTICLE 16(3) o Provides that the Council shall vote by QMV UNLESS the Treaties provide otherwise o Few exceptions are areas of particular sensitivity where the advantages of quicker decision-making do NOT override the political need to retain a veto EX: taxation, social policy and defense 1 (2)...
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This note was uploaded on 05/25/2011 for the course LAW EU Law taught by Professor Fischer during the Summer '10 term at FSU.
- Summer '10