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Sources of Law - Coggle Diagram

- - - - article 6 what's national competence
      - article 9 EU citizens
      - article 3 exc;usive competence
  - - - mixed agreements - more then just trade
      - Article 78 TEU - Geneva convention
      - trading treaties between EU and non-EU states
- - - - racke financial compensation system, altered amount after, non-retroactivity is a principle, but can be breached as long as legitimate expectations arent
      - R v Kent Kirk can't retroactively make something penal (more reluctant if individual penalty)
    - - article 5 TEU
      - Craig and De Burca 3 stages
        
        is it necessary for objective pursued
        
        does method impose excessive burden
        
        is measure suitable for objective pursued
      - strictness depends if idnivdiual right affected
      - Council v Hautala wanted documents regarding arms exports, council complete ban - ECJ - disproportionate - should have given some less sensitive documents
    - - Kaldi v Council a measure struck down, freezing assets after 9/11 - he claimed breach rights to be heard and judicial protection - never informed of evidence or right to defence - unjustified restriction on property rights
      - when are MS bound
        
        Johnson v RUC equal treatment direct - ECJ - requirement of judicial control was a general principle - had right to effecy remedy - implementing EU law
        
        when acting as agents of EU - Kent Kirk can't implement regulation retrospectively as violate principle
        
        freedom of movement Schmidberger balanced with right to protest
      - used to challenge specific EU administrative acts in Prais v Council on freedom of regligion
      - personal rights
      - not bound
        
        SPUC b Grogan outside EU law as doing it for free (abortion information)
      - Chalmers protected if fall within European law
    - - article 18 and 19 TFEU
      - Article 21 ECHR
    - - AM & S lawyer client privilege principle (critcised though as english principle applie EU wide)
    - - Mulder milk quota changed, some producers stopped producing for 5 years due to quota change, unable to restart as not producing milk- ECJ induced to stop by EU law - legitimate expectation could resume when finished
      - need to show expectation legitimate and disadvantage by change -relied on expectation CNTA
    - - part of broader goal of more democratic and accountable
      - article 15 TFEU- broader access to EU documents
      - regulation 2001 - article 4 can refuse access if undermines public interest
      - Hautala allowed see some documents
      - Sison assets frozen, wanted to see reasoning - council wide discretion in this case on who could access - anti-terrorism
        
        criticised by Craig and De Burca
- - - - ECJ yet to annul a measure for breach
        
        Working Time Directive - council wanted to improve Europe wide, EU could do it better and ensure law harmonised
        
        Biotech Direct due to scale and effect better to be done by EU
      - formalised in Maastricht treaty
      - if share competence, EU can only act if MS can't achieve same or better results - EU can often achieve better due to scale or effects
    - - Toth areas in which MS have transferred power to the EU
      - commission imposes duty on EU to act
- - - - binding completely - direct effect
      - applied to abstractly defined persons or general application
      - binding on date specified or if no date 20 days after
      - horizontal effect - individuals can enforce in national courts
      - Variola - ECJ - direct application of regulation - MS can't obstruct directly applicable aspect
      - strongest form of law - uniformity
    - - article 258- binding only on those addressed to
      - can be more general aimed at individuals or MS
      - can be directly effective
      - Cement Convention letter sent to different companies - decision - produced legal effect
    - - 2 stages - adapt at european level, then at national level
      - advantage over regulation - going into various legal systems doesn't need to be as carefully drafted
      - normally address to all MS, but can be addressed to 1 or 2
      - drawback - need national government to implement - although national courts still required to take it into account
      - article 50TFEU - legislator has discretion - only result binding
      - if deadline passes, written in great and clear detail - can have direct effect
      - MS can be liable for non-implementation
    - - soft law
    - - no legal binding - soft law
      - normallu suggests a course of action
      - may be taken into account by court
      - may be a pre-cursor to binding legislation
- - - - can enter treaties within its competences
      - association agreements - close economic and trade co-operation with non-EU countries