1. Exam Skills for Success in EU law

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Eu Law ◽  
Questions And Answers ◽  
Degree Level

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This introductory chapter sets out the book’s purpose, which is to provide a number of example questions on European Union (EU) law, which should be fairly typical of those met on degree level courses on EU law. The questions are then followed by a few sentences or paragraphs of comment on the type of question, the main aspects or elements to be considered in the question, various examiner’s tips on particular issues to be aware of, to include or indeed to avoid, and advice on structuring the answer. The suggested answers are designed to demonstrate how the particular questions should be answered to get a good mark, i.e., an upper second or better.

1. Exam Skills for Success in EU Law

2020 ◽  
pp. 1-6
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Eu Law ◽  
Questions And Answers ◽  
Degree Level

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This introductory chapter sets out the book’s purpose, which is to provide a number of example questions on European Union (EU) law, which should be fairly typical of those met on degree level courses on EU law. The questions are then followed by a few sentences or paragraphs of comment on the type of question, the main aspects or elements to be considered in the question, various examiner’s tips on particular issues to be aware of, to include or indeed to avoid, and advice on structuring the answer. The suggested answers are designed to demonstrate how the particular questions should be answered to get a good mark, i.e., an upper second or better.

1. Exam Skills for Success in EU Law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Eu Law ◽  
Questions And Answers ◽  
Degree Level

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This introductory chapter sets out the book’s purpose, which is to provide a number of example questions on European Union (EU) law, which should be fairly typical of those met on degree level courses on EU law. The questions are then followed by a few sentences or paragraphs of comment on the type of question, the main aspects or elements to be considered in the question, various examiner’s tips on particular issues to be aware of, to include or indeed to avoid, and advice on structuring the answer. The suggested answers are designed to demonstrate how the particular questions should be answered to get a good mark, i.e., an upper second or better.

3. The Sources, Forms, and Individual Remedies of EU Law

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Order ◽  
European Court Of Justice ◽  
Primary Sources ◽  
Eu Law ◽  
European Court ◽  
Questions And Answers ◽  
State Liability ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter includes questions on a wide variety of often overlapping points concerned with the sources of European Union (EU) law. The sources of law are the Treaties which are regarded as primary sources and secondary legislation which can be enacted by the institutions of the Union by virtue of the powers given by the Member States and which are contained in the Treaties. Additional sources of law in the EU legal order are agreements with third countries, general principles and the case law of the European Court of Justice (ECJ) establishing, amongst other case law developments, the doctrine of direct effects, supremacy of EU law and state liability.

Synthesis and Assessment

2018 ◽  
Author(s):  
Herwig C H Hofmann ◽  
Gerard C Rowe ◽  
Alexander H Türk
Keyword(s):  
European Union ◽  
Path Dependency ◽  
Administrative Law ◽  
Practical Implementation ◽  
Eu Law ◽  
Legal Principles ◽  
Policy Field ◽  
Specific Search ◽  
Insight Into

As set out in our introductory chapter, this work has been designed as an examination of the diverse forms and structures of administrative law applicable within various, specific areas of European Union policies. Its intention is to allow insight into the administrative implementation of Union policies in parallel with one another, reviewing and reflecting on both the differences and commonalities of approach in the varied policy sectors. The administrative differences between sectors may, in fact, lie simply in the policy-specific search for answers to problems already solved in another context, be the consequence of pure ‘path dependency’, or reflect a carefully designed approach which takes into account existing general legal principles, but does so in applying them to a discrete policy field. The starting assumption of this work was that some elements of Union administrative law are applicable cross-sectorally, but much is particular to individual policy settings. In fact, only relatively little existing EU law of a cross-sectoral kind can serve as an—even nascent—body of coherent, general Union administrative law. Most of the law applicable to the practical implementation of EU policy and its legal embodiment—broadly, the administrative law of the Union—has arisen in policy-specific settings. Perhaps the most widely

4. The Supremacy of EU Law and its Reception in the Member States

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
The Political ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers ◽  
Legal Arguments ◽  
Political Logic

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the Court of Justice of the European Union (CJEU (or also abbreviated CoJ)).

4. The Supremacy of EU Law and its Reception in the Member States

2020 ◽  
pp. 47-72
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Member State ◽  
Point Of View ◽  
General Question ◽  
The Political ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the Court of Justice of the European Union (CJEU (or also abbreviated CoJ)). A general question about the exit process of a state by a Member State in the light of Brexit is included.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

Communicable and Other Infectious Diseases

2020 ◽  
Author(s):  
Markus Frischhut
Keyword(s):  
Public Health ◽  
European Union ◽  
Infectious Diseases ◽  
Disease Transmission ◽  
Eu Law ◽  
The European Union ◽  
Ethical Perspective ◽  
Health Measures ◽  
Environment Agency ◽  
And Control

This chapter discusses the most important features of EU law on infectious diseases. Communicable diseases not only cross borders, they also often require measures that cross different areas of policy because of different vectors for disease transmission. The relevant EU law cannot be attributed to one sectoral policy only, and thus various EU agencies participate in protecting public health. The key agency is the European Centre for Disease Prevention and Control. Other important agencies include the European Environment Agency; European Food Safety Authority; and the Consumers, Health, Agriculture and Food Executive Agency. However, while integration at the EU level has facilitated protection of the public's health, it also has created potential conflicts among the different objectives of the European Union. The internal market promotes the free movement of products, but public health measures can require restrictions of trade. Other conflicts can arise if protective public health measures conflict with individual human rights. The chapter then considers risk assessment and the different tools of risk management used in dealing with the challenges of infectious diseases. It also turns to the external and ethical perspective and the role the European Union takes in global health.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

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