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
1 of 15
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
2 of 15
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
3 of 15
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
4 of 15
Grimaldi
National courts are bound to take soft law into account when interpreting Union measures, where they throw light on the purpose of legislation
5 of 15
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
6 of 15
Deuka v EVGF (1974)
Union measures must NOT violate the legitimate expectations of those concerned, unless there is an overriding matter of public interest
7 of 15
Sabbatini v EP (1971)
CJEU est’d sex equality as a general principle of law
8 of 15
Deuka v EVGF (1974)
Gen principle of non-discrimination
9 of 15
Prais v Council (1975)
The principle of non-disc’n was extended on grounds of religion
10 of 15
Internationale Handelsgesellschaft (1970)
CJEU realised that the protection of fundamental rights found in MSs had to be mirrored in the EU
11 of 15
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
12 of 15
Stauder v Ulm (1969)
CJEU recognised that the protection of fundamental rights is inspired by the constitutional traditions common to all MSs
13 of 15
Johnston (1984)
Duty of those exercising authority must give reasons for a decision
14 of 15
Roquette v Counci (1979)
Voting in the Council of Ministers has to be unanimous
15 of 15
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
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
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
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