Term
| Where can one enforce EU law rights? |
|
Definition
Either:
- National courts
or
- The CJEU |
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Term
| Under the doctrine of what can one use a national court? |
|
Definition
Doctrine of direct effect from previous slides
- where a provision of binding EU law is sufficiently clear, precise and unconditional to be considered justiciable can be invoked and relied on before NC |
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Term
| Under what system can one use the CJEU? |
|
Definition
DUAL VIGILANCE
- can bring a direct action before the CJEU |
|
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Term
| At the CJEU proceedings can be brought against who? |
|
Definition
- Member States
- The EU institutions |
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|
Term
| Name 3 types of actions against an EU institution/organ |
|
Definition
1. Judicial Review
2. Damages
3. Staff cases |
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Term
| Name 2 possible actions under Judicial Review |
|
Definition
1. Annulment
2. Actions for failure to act |
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Term
| Which article provides the requirements for an action for annulment? |
|
Definition
|
|
Term
| What are the conditions for direct action under 263? |
|
Definition
1. A reviewable Act
2. Locus standi
3. A body amenable to to JR |
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Term
| What kind of acts are reviewable? |
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Definition
| Article 263 states that only legally binding acts are reviewable |
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Term
| What are and are not legally binding acts? |
|
Definition
Regulations, decisions and directives are all legally binding acts
Recommendations and opinions are not legally binding acts |
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