Inleiding internationaal en EU recht (EU recht deel) Complete Questions And Answers For All Blocks.

Framework treaties - correct answer Use less specific language so it can be interpreted and change. Direct democratic legitimacy - correct answer Direct vote on who will be in the EU institution. Indirect democratic legitimacy - correct answer Vote for people in national elections, will be representing your country in institutions. Secondary EU law - correct answer Regulations, directives, decisions, recommendations, opinions. Regulation - correct answer Of general application, binding on all Member States (in substance and form), directly applicable. Directive - correct answer Binding on all member states, sets results that should be achieved but leaves the method of implementation open to the member states, member states have to transpose or implement these rules into their national law. Decision - correct answer Binding but only on those it addresses (it can address private parties), directly applicable. Recommendations & opinions - correct answer No binding force. Principle of sincere cooperation - correct answer The Union and Member States shall assist each other in carrying out tasks which flow from the treaties. Effect of EU law - correct answer In case a MS does not implement a treaty, an individual can still benefit from it in 3 ways: Direct effect, Directove-conform interpretation, Non-contractual state liability. Direct effect - correct answer The ability to rely on this law is not dependent on whether the government has implemented the law, can still use the EU law. Sufficiently clear, precise and unconditional. Directive-conform interpretation - correct answer interpreting the existing Dutch law in such a way it is already complying to the EU directive. Non-contractual state liability - correct answer There is nothing to interpret, sue the State if affected by the fact that it has not applied EU law. Justiciability - correct answer A provision has direct effect if it is capable of being applied in a national court. Preliminary reference procedure - correct answer National court asking a question on the appplication of EU law. Principle of supremacy - correct answer EU law overrides national legal provisions. Aim of preliminary ruling procedure - correct answer - Uniform interpretation and application - judicial protection of individuals - decentralized government Court/Tribunal - correct answer - established by law - permanent with compulsory jurisdiction - settles disputes between parties - applies legal rules - is independent Infringement procedure - correct answer Member State is in breach of EU law, court announces whether they have breached EU law or not, Annulment procedure - correct answer Court decides that an EU law is illegal and will have no effect. Action for failures to act - correct answer Counrty has promised to do something, has not done it. Court tells legislator to act. Non-contractual liability of the EU - correct answer Can start a case for restitution of damages against the EU. Locus Standi - correct answer The right or capacity to bring an action or to appear in a court Direct concern - correct answer Direct causal link between the contested act and the new legal position of the individual concerned. Individual concern - correct answer By reason of certain attributes peculiar to them, or by reason of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as the addressee of a decision Principle of equivelance - correct answer National procedural rights cannot make enforcement of EU rights less favourable than enforcement of similar national rights. Principle of effectiveness - correct answer National procedural rights should not make enforcement of EU right "impossible in practice" Sources of fundamental rightsq - correct answer 1. General principles 2. European convention of Human Rights 3. Charter of Fundamental Rights of the European Union Absolute fundamental rights - correct answer No limitation allowed. e.g. right to life. Relative fundamental rights - correct answer Can be limited if there is a conflicting public interest or another fundamental right. Principle of proportionality - correct answer Balance interest of protecting fundamental right and public interest. European Coal and Steel Community - correct answer 1951 European Economic Community - correct answer 1957 Single European Act - correct answer 1986 Maastrict Treaty - correct answer 1992 Treaty of Amsterdam - correct answer 1997