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European_Union_Oxford_Summer_2007 - My EU Outline 1...

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My EU Outline 1. Development of the EU and the EU Treaties a. 2. Institutional Framework a. Part V TEC 3. Debates over Constitutionalism 4. Sources of EC Law: Competence a. Article 5 TEC b. Article 95(1) TEC c. Article 95(2) TEC d. Article 95(3) TEC e. Article 249 TEC f. Article 249 TEC g. Article 308 TEC h. Article 34(2) TEU 5. Sources of EC Law: ECJ (fundamental rights & Subsidiarity) a. Article 5 TEC b. Article 6 TEU 6. Supremacy, Direct Effect, National Remedies a. Supremacy: established by ECJ b. If conflict btwn comm. and national law – comm. law prevails c. Direct Effect: if a legal provision is said to be directly effective, it means that it grants individual rights that must be upheld by the national courts i. Two initial requirements: provision must be part of the legal order, and its terms must be appropriate to confer rights on individuals ii. Van Gend: imported chemicals rom German – Dutch law imposed duty on some imported chemicals. Breach of Art 25. ECJ says Comm constitutes new legal order for the benefit of the states and nationals. Imposes obligations on individuals, but also rights d. Conditions for Direct Effect: i. Must be clear and unambiguous ii. Must be unconditional, and iii. Its operation must not be dependant on further action being taken by Comm or national authorities e. Direct effect of treaty provisions: i. Regualtions have general application and are binding in their entirety and directly applicable to all MS. Direct applicability means that national courts must apply a regulation whenever their contents grant right to individuals or impose obligations on them.
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ii. ECJ says enforceable even if MS has not yet enacted because regulations become part of the national legal system and connot be hindered by national practices. iii. Different rules for directive – require further legislation f. Articles i. Article 10 TEC ii. Article 226 TEC iii. Article 227 TEC iv. Article 228 TEC v. Article 249 TEC 7. Direct Effect of Directives a. Van Duyn: directive concerning restriction on admission and movement of aliens Dutch national sought a declaration that UK gov wrong to deny her admission to take up employment w/church of scientology (gov considers undesireable) On prelim reference ECJ held that Directive was directly effective because it “imposes on a MS a precise obligation which does not require the adoption of any further measure on the part of either the COmm insitutions or of the MS and which leaves them, in relations to its implemention, no discretionary powers” b. Later case: Tullio Ratti – MS which has not adopted the implementing procedures may not rely on its own failure to perform the obligations. *If gov has not fulfilled obligations arising from Directive, it is against the gov that rights arising from the Directive can be enforced. c.
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European_Union_Oxford_Summer_2007 - My EU Outline 1...

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