General Principles

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  • Created by: Hope
  • Created on: 04-05-16 23:01
Which treaty article does this idea come from?
Art 6(3) TEU
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What do general principles usually apply to?
Non-discrimination
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What case is the main authority for this?
Mangold
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What happens in cases with general principles?
The court must set aside national law which conflicts with that principle
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Why was Mangold controversial?
It seemed to be asking national courts to give immediate effect to directives before the time limit had expired
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In which case did the court reaffirm Mangold?
Kucukdeveci
6 of 11
When will general principles apply after Kucukdeveci?
Only when the case falls within the scope of EU law
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In which case did the CJ seem to be backing away from the controversy in Mangold?
Romer
8 of 11
May individuals invoke general principles of law?
Yes
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Is the court clear on what counts as "scope of EU law"?
No
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Which principles are sufficiently precise in content to be capable of direct effect?
The court is unclear
11 of 11

Other cards in this set

Card 2

Front

What do general principles usually apply to?

Back

Non-discrimination

Card 3

Front

What case is the main authority for this?

Back

Preview of the front of card 3

Card 4

Front

What happens in cases with general principles?

Back

Preview of the front of card 4

Card 5

Front

Why was Mangold controversial?

Back

Preview of the front of card 5
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