Routledge

About the Lawcards Series

European Union Lawcards

Chapter 1: The establishment of the European Communities and European Union

  • Union and sources of law
  • Explain why the European Communities were established and how the European Union has developed
  • Explain the key features of the Treaties establishing the European Communities and the European Union and the content of the amending Treaties
  • Outline the main features of the Treaty of Lisbon (yet to be ratified)
  • Identify and discuss the four main sources of Community law
  • Discuss the requirements which new Community Legislation must satisfy in order to be legally valid

Chapter 2: The relationship between EC law and national law

  • Distinguish between direct applicability and direct effect
  • Understand when a Treaty article, regulation and decision have direct effect
  • Distinguish between vertical and horizontal direct effect
  • Recognise when a directive has direct effect and be able to apply the criteria to a problem question
  • Know what is meant by the principle of indirect effect and recognise its limitations
  • Identify the criteria for the application of the Francovich principle
  • Understand that the principle of effectiveness demands that national remedies and national procedural rules cannot make the exercise of Community law rights difficult or impossible to pursue and that the principle of equivalence requires that Community law actions cannot be treated less favourably than comparable actions derived from domestic law
  • Understand how the ECJ has developed the principle of supremacy of Community law

Chapter 3: Community institutions

  • Explain the composition and functions of the three political institutions, i.e. the Commission, the Council of the European Union and the European Parliament
  • Understand the supervisory role of the European Parliament over the Commission and to a lesser extent the Council of the European Union
  • Criticise the current institutional structure
  • Understand the role of the European Council
  • Describe in outline the decision making process
  • Explain the composition of the ECJ and CFI and their jurisdiction
  • Discuss the procedure in the ECJ

Chapter 4: Preliminary rulings

  • Explain the main purposes of the preliminary reference procedure
  • Discuss how the procedure has been used to develop Community law
  • Understand what is meant by ‘a court or tribunal’ in this context
  • Distinguish between when a court has a discretion to make a preliminary reference and when it has an obligation to refer
  • Identify when a preliminary reference would not be necessary
  • Consider whether the ECJ can refuse to hear a reference
  • Explain the effect of a preliminary ruling
  • Outline proposals for reform of the preliminary reference procedure

Chapter 5: Free movement of persons and citizenship

  • Explain the scope of Article 39 EC
  • Identify the different categories of persons that can benefit from the right to free movement of persons
  • Discuss what is meant by a Community worker with reference to the case law
  • Explain the concept of Union citizenship and identify the rights of a European citizen
  • Discuss the significance and key features of Directive 2004/38
  • Explain how a Member State can limit the rights of free movement of persons on grounds of public policy, public security and public health

Chapter 6: EC sex equality legislation

  • Explain the scope of Art 141 of the EC Treaty
  • Discuss the provisions of the Equal Treatment Directive 2006/54 in relation to equal pay and equal treatment
  • Give examples of the rulings of the ECJ in cases on equal pay and equal treatment

Chapter 7: Free movement of goods

  • Recognise the different ways in which the free movement of goods can be hindered by tariff and non-tariff barriers to trade
  • Distinguish between customs duties and charges having equivalent effect and explain how they are regulated by the EC Treaty
  • Distinguish between a charge having an equivalent effect to a customs duty and a discriminatory tax
  • Explain the scope of Article 90 EC and how it is applied to discriminatory taxes
  • Distinguish between quantitative restrictions and measures having equivalent effect
  • Distinguish between distinctly and indistinctly applicable rules
  • Discuss the rule of reason introduced in Cassis de Dijon
  • Explain the decision in Keck and Mithouard
  • Explain when a Member State may rely on the Art 30 derogations