EU law. zone A may 2014


Some commentators have argued that the judgments in Van Gend en Loos and Costa made it clear that, once the transfer of sovereign rights had been completed by the ratification of the Treaty, those sovereign rights have been relinquished to the Community and are amalgamated in the hands of a new legal entity. Under this new order ‘the effect on national law occurs as a result of a breach or a breakthrough of sovereignty. In other words, the result of this constitutive process is that, when a member state enacts law that is contrary to directly applicable Community law, it attempts to act beyond and outside its sovereign rights and thus its law is a nullity.’ Discuss this view of sovereignty with reference to the principles of direct effect and supremacy. 2. ‘Not even the most enthusiastic supporters of the free trade ideology would advance the idea that market rules have to be applied to areas of public powers, such as health care, education and public services, and even to the fundamental values of the member states constitutional order. The Court of Justice has definitively gone too far.’ Discuss. 3. SuperSpecs is a UK Company which produces and sells optical products and services. It wants to expand its activities in Germany and starts circulating advertisements offering its customers free eyesight examinations in the new shops they intend to open. The German Consumer Protection authorities order the withdrawal of these advertisements as German law prohibits any commercial exploitation of medical services and requires that eye examinations be carried out only by qualified ophthalmologists. Advise SuperSpecs whether the German measures violate EU law. UL14/0550 Page 3 of 4 4. John, a British national, went to Spain five years ago. He worked for a bank in Madrid until six months ago when he was convicted and sentenced to twelve months in prison for possessing an illegal firearm on bank premises. He is scheduled to be released next month, on account of his good behaviour. The Spanish authorities have stated that they will seek his deportation to the United Kingdom immediately on his release. Carla, John’s wife, is a Spanish national. She claims that John’s deportation will leave her without any financial support and will endanger her marriage. In addition, she will also have difficulties looking after their son Francisco, who has learning difficulties. Advise John, Carla, and Francisco as to their rights under EU law. 5. Biborova is a Latvian company producing vodka. It is particularly well known for ‘Bibotal’, a line of ready-made vodka cocktails that it markets in one-litre plastic bottles. Bibotal is marketed and sold for consumption in private homes, and is not distributed to bars or restaurants. Biborova now decides to enter the Polish market with Bibotal but encounters several difficulties. First, the Intoxicating Substances Law of 2003 in Poland provides that intoxicating substances can only be marketed in glass bottles for reasons of consumer protection and public health. Biborova will thus incur high packaging costs in order to be able to sell its products on the Polish market. Secondly, according to the Advertisement Law of 2004 in Poland, alcohol can only be advertised in bars, restaurants and specialised food magazines. Biborova fears that this will seriously diminish its chances of promoting Bibotal in the Polish market. Biborova thinks that the Intoxicating Substances Law of 2003 and the Advertisement Law of 2004 in Poland are contrary to European law. Advise Biborova. 6. ‘EU competition law is mainly about promotion of economic efficiency. This view is not fully correct as neither the sole nor even the primary purpose of these laws is, or ever has been, to enhance efficiency. Instead, as the case law of the Court confirms, the fundamental goal of competition law is to protect consumers.’ Discuss. UL14/0550 Page 4 of 4 7. ‘Unfortunately no one can say with confidence that Dereci and the recent case law provide all of the answers in respect to how Article 20 of the Treaty can be used in relation to the rights that can be enjoyed by EU citizens.’ Discuss. 8. ‘A correct assessment concerning the application of the Charter (the Charter of Fundamental Rights of the European Union) to the Member States is that the Treaty, by adopting the Charter, did not aim at promoting the harmonisation of the systems of protection of fundamental rights of Member States but aimed rather at eliminating the possibility that Member States, in implementing Union law, would apply different standards of protection of fundamental rights. The impact of the Charter is therefore limited.’ Discuss.


About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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