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Scarica Diritto dell'Unione Europea Diritto dell'Unione Europea e più Schemi e mappe concettuali in PDF di Diritto dell'Unione Europea solo su Docsity! European Union Law 1st Appello (2021) exam questions (this list is not exhaustive): 1. Bill of Rights (charter, convention) 2. Internal Market 3. Mixed Agreements 4. ERTA 5. Direct effect 6. Free movement of workers 7. Exemption di incarichi of workers 8. Preliminary ruling 9. Subsidiarity 10. Enforcement actions 11. Free movement of companies 12. Cases Centros and Daily Mail 13. External competences of the Union (ERTA Art. 3(2) CFSP) 14. Cassis de Dijon 15. Dori,  16. Bosmann,  17. Van Dujin,  18. Mangold 19. Infringement procedure 20. Appointment of the Commission 21. Marshall 22. Council of Ministers 23. Preliminary rulings 24. Free movement of companies 25. Subsidiarity 26. External competences https://en.wikipedia.org/wiki/Preliminary_ruling https://www.lawteacher.net/lectures/public-law/the-european-union/ https://europa.eu/citizens-initiative/how-it-works/faq/faq-eu-competences-and-commission- powers_en https://op.europa.eu/webpub/com/abc-of-eu-law/en/ https://eur-lex.europa.eu/collection/eu-law/legislation/recent.html 2nd Appello (2021) exam questions (this list is not exhaustive): 1. Free movements of persons ( establishment + companies) 2. Delegation of legislative acts ( Article 290/291) 3. Withdrawal  4. Direct effect and directives, consistent interpretation  5. Council of Ministers ( composition and powers 6. Article 114 7. Article 352 8. Article 52 9. Articles 267-263 10. The Council 11. European Convention HR 12. Article 48 13. Schengen Agreement 14. What rights unemployed people have 15. Free movement of workers and the notion of a worker 16. Article 293 17. Article 216  18. Article 218 19. Treaty making powers 20. Articles 259 and 265 21. Proceedings against Member States and Proceedings against EU 22. Adjudicatory powers What are they? Elaborate on them! 23. Enforcement actions 24. Brexit and the application of Article 50 25. Chapter on direct effect 26. Von Colson case 27. External competence 28. External relations 29. Mixed agreements, Cooperation duty, Sweden case 30. Action of annulment ECJ and Applicants for review  31. Powers of the Commission in the legislative proposal  The ECJ tells the national judge that he can decide on the national law, he can give the elements to decide on European law. However, there is an exception. National law is untouchable by the ECJ  it is in the power of the national court to disapply it Is the judge obliged to make the referral?--> the judges which are not of last instance have the faculty ART. 352  the residual competence of the EU European commission (functions, appointment) - The role played the commission in the legislative procedure  The main features of the proposal of the commission Primacy of EU law  to what extent European union law can prevail national law? - Eu law preempts national law  what does it mean? Human Rights in EU Law (ART.6 TEU)  they are recognized by the European Union, however there are many problems in this regard. For instance, how were they introduced? - Charter of fundamental rights What is the principle of subsidiarity? (Schutze) It draws the line between MS and … One category of competence not affected by this principle. ART.102 (Schutze) Regulations  what are they? Executive powers of the European Union (Schutze) The European Council  what is it? - What are the functions? Make some examples. o What kind of function does the EU council exercise in CSFP? - What is the voting system? Courts of last instance  are obliged to … other courts are not What is the judgment of the court at the end of the preliminary ruling procedure? ART. 352  the residual competences (Case of the Smart Sanctions) Annulment procedure What is the final aim? Can individuals challenge? There are three categories. - Non-privileged  they need to prove that the act is addressed to them International agreements of the EU - Erta case - ART.219  the ordinary treaty making procedure What is the possible involvement of the other institutions? There are 5 cases for the parliament, and they are listed in ART.219. What about the European Court of Justice? Primary law: TEU-TFEU + Charter of Fundamental Rights, the protocol, the annexes? What’s the main rule to establish when the EU is competent? Art. 216? The locus standi of individuals in the annulment procedure The individuals are the so-called non privileged applicants … Plaumann formula is the exception.. The most common situation where the individuals can challenge the act of the commission (?) is when it is addressed to them!! External powers of the EU (Schutze)  why do we have two sides of external relations? What is the dual executive? Mixed agreements (Schutze) The motion of censure -> what are the other options that the treaties provide us? (Schutze)  two main questions (one on the constitutional, the other on substantive, then they go deeper) - What is the court of first instance? - What is the court of last instance? The doctrine of direct effect  what are the conditions? - Vertical direct effect for directives Did the ECJ had possible alternative to reach the very same results of direct effect, more or less, as a consequence of the limitations of directives having vertical effect?  according to the ECJ is there any alternative to direct effect? How is the EU Parliament elected?  HOW ARE THE SEATS ASSIGNED?  Digressively proportional Esiste una legge elettorale uniforme o si vota in ogni stato in base al proprio ordinamento? Each state is able to regulate its own elections but within some limits. - THE PRINCIPLE OF PROPORTIONALITY given by the Council The parliament cannot remove one single commissioner, who has the power to do so?  The president of the commission - This is an alternative to the motion of censure What happens if a commissioner fails to obey to independence? There are two options at this point, or let’s say one. There is in fact another provision that the Treaties provide  the ECJ can act, the commission and the council may bring the commissioner before the ECJ ECJ Competences: infringement procedure, annulment procedure and preliminary rulings. Who is involved in the preliminary rulings’ procedure? - Of course, the ECJ - Maybe the advocate? - And then? Principle of effectiveness and equivalence (Schutze) The European Convention on Human Rights The legislative procedure (special and ordinary) What is the role of the commission in the whole procedure? - It does not only start the procedure, meaning that it makes proposal, but also… - It has a precise recognition on the functioning of the treaty from the European union - During the procedure, is it possible to amend the proposition of the commission? Who can do that? - Is it easy for the council to amend the proposal of the Commission? No. because the council has to reach the unanimity to do so. So only the commission can amend its own proposal. Special legislative procedure? Is the approval of the budget a legislative procedure? Do the parliament and the council have the same role in the ordinary procedure regarding the approval of the budget? Yes.