Sources of EU Law

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  • Created by: Edward
  • Created on: 25-02-16 09:12
Bussone (1978)
The direct applicability of regulations are NOT affected by the adoption of national rules required by said regulations for their application which comply with the aim and objectives of the regulations by introducing additional conditions
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Commission v UK (Tachograph) (1979)
National measures are subordinate to the provisions contained in a regulation and must neither alter them nor hinder their uniform application throughout the Union
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Commission v Council (1970
CJ may refuse to employ literal interpretation-even where the words of the measure in question appear to be perfectly clear- acts sui generis
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Snyder (1993)
Non-legally enforceable instruments which may aid the interpretation and/or application of Union law are referred to as ‘soft law’ – such instruments may be referred to by the CJ when interpreting and/or applying Union law
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Grimaldi
National courts are bound to take soft law into account when interpreting Union measures, where they throw light on the purpose of legislation
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Skimmed Milk Powder case (1976)
CJEU: regulation concerned was invalid because it was against the principle of proportionality- the requirement placed on the producers was NOT nec in order to diminish the surplus
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Deuka v EVGF (1974)
Union measures must NOT violate the legitimate expectations of those concerned, unless there is an overriding matter of public interest
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Sabbatini v EP (1971)
CJEU est’d sex equality as a general principle of law
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Deuka v EVGF (1974)
Gen principle of non-discrimination
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Prais v Council (1975)
The principle of non-disc’n was extended on grounds of religion
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Internationale Handelsgesellschaft (1970)
CJEU realised that the protection of fundamental rights found in MSs had to be mirrored in the EU
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Transocean Marine Paint (1974)
A person whose interests are perceptively affected by a decision taken by a public authotrity must be given the opportunity to make his point of view known
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Stauder v Ulm (1969)
CJEU recognised that the protection of fundamental rights is inspired by the constitutional traditions common to all MSs
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Johnston (1984)
Duty of those exercising authority must give reasons for a decision
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Roquette v Counci (1979)
Voting in the Council of Ministers has to be unanimous
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Other cards in this set

Card 2

Front

National measures are subordinate to the provisions contained in a regulation and must neither alter them nor hinder their uniform application throughout the Union

Back

Commission v UK (Tachograph) (1979)

Card 3

Front

CJ may refuse to employ literal interpretation-even where the words of the measure in question appear to be perfectly clear- acts sui generis

Back

Preview of the back of card 3

Card 4

Front

Non-legally enforceable instruments which may aid the interpretation and/or application of Union law are referred to as ‘soft law’ – such instruments may be referred to by the CJ when interpreting and/or applying Union law

Back

Preview of the back of card 4

Card 5

Front

National courts are bound to take soft law into account when interpreting Union measures, where they throw light on the purpose of legislation

Back

Preview of the back of card 5
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