EU1

Frage	Antworten
In what circumstances must obstacles to free moment caused by differing national law be acceptable?	when there is no community-wide law. Member states can regulate the area in their own territory, but member state has to satisfy the mandatory requirement, public health, consumer protection,security, preservation of national treasure. It has to be proportionate.
What kind of national laws are capable of being MEGR?	1: those restricting goods by colour, size, shape or label 2: Goods that have to conform to specific standards. 3: Law that is capable of influencing traders. Commission v Ireland (buy Irish)
Cassis De Djion (Cassis rule of reason) principal. provides justification beyond art 36. import of Cassis to Germany.	When there is no community wide law, hinderance caused by a member states is acceptable so long as nation law does not go beyond what is necessary to achieve the aim(principal of proportionality) and satisfy the mandatory requirement. 2: Mutual recognition , good lawfully produced in one county is acceptable in others.
Article 34 TFEU	1 Quantitative restriction 2. measure equivalent of quantitative restriction
Keck supermarket selling at loss to increase its sale and capture shoppers	National law restricting or prohibiting sale of goods does not fit in Article 34 provided 1: applies to all traders 2:They effect the national or other member states in law and in fact (has to be non discriminatory indistinctly applicable)
Article 30 TFEU	Any fiscal rule on import or export is in breach of article 30 and has MEQR
Mandatory requirement under Cassis de Djion	Public health public policy public securtiy
Article 151 TFEU	Fundamental social rights of workers. promotion of employment,improvement of living and working condition, development of human resources, dialogue between management and labour force. Member states and community to have joint role
Article 153 of TFEU H & S	implements Article 153 excluding harmonisation. member state to take the role and community assisting.
Article 157 TFEU	Member state to apply equal pay for equal work and equal treatment. Council dictating members adopt
Article 156 TFEU	Commission encourages EU member on social policy regarding labour law and condition employment,social security, occupational hygiene and H @ S, by establishing guidelines, research best practice.
Foster v British gas [1990] Defines public body.	enforce directive against a state or emanation of state
Van Gend en Loos v netherlands adminstratie der Blastingen	Criteria: treaty articles are directly effective if it is clear, precise, unconditional and no room for discretion
directive 2003/88 working time directive	hours of weekly, daily work. rest time and breaks. annual leave night work and shift work.
Von Colson principal (principal of indirect effect) two female social workers claim discrimination and seeking remedy form German Court.	Member state (national courts) have to interpret the directive to fulfil the objective of the treaty
Rattie Unimplemented directive	Directive have direct effect if it is clear and unconditional and the time for implementation has passed
Harmonisation	???
Subsidiarity	??
Direct effect/ directly effective	Individual can bring a case or defend his case in national court base on EU law
Directly applicable	Eu law that takes effect on all member states as soon as it is passed
Dual vigilance (EU context)	Commission, member states and individuals observe breach of EU law.
Commission v. UK: Re UHT Milk protection of health.	Member state wishing to derogate from Art 36 have to prove the burden of health risk.
Negative integration	It is removing barriers to single market such as Cassis de Dijon
Positive integration	harmonising a common policy such as harmonising food labelling.
Answering questions regarding art 34	Art 34...Example...Good...Measure...QR/MEQR... Distinctly/indistinctly..... Art 36 (disguise/disproportionate/arbitrary)...Cassis 1...Cassis 2
Cassis mandatory requirement	National law can be justified on public interest ground take priority over free movement of goods. Safety Health, environment, consumer protection.
Preliminary Reference	Interpretation of EU law by CJEU referred by court of member state.

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