(5) Dispute Settlement Before Brexit

• What does state sovereignty mean?

  Total autonomy and freedom from external controls
• Why is absolute power considered unrealistic in state sovereignty?

  Because total autonomy is often unattainable
• What are the main types of action in centralized dispute settlement?

  • Over 1000 cases lodged per year
  • Preliminary References: Article 267 TFEU
  • Infringement Proceedings: Articles 258, 259 & 260 TFEU
  • Judicial Review: Articles 263, 265 TFEU
• What is the goal of the preliminary reference procedure under Article 267 TFEU?

  To secure uniform application of EU law
• What happens if national constitutional courts claim the right to determine the validity of EU law?

  It raises questions about EU law supremacy
• What are the barriers to achieving the goals of Article 267 TFEU?

  Wording flexibility and reluctance of NCs
• What is the obligation of national courts when there are doubts about the validity of EU law?

  To refer the matter to the ECJ
• What does the case 314/85 Foto Frost establish regarding national courts?

  Only the ECJ can declare EU law invalid
• Under what condition do national courts not need to seek guidance from the ECJ according to case 283/81 CILFIT?

  If there is no reasonable doubt over interpretation
• What makes it difficult for EU law to satisfy conditions for acte clair?

  Linguistic variations and little discretion for NCs
• What is the relationship between national courts and the ECJ?

  • National courts must refer doubts to the ECJ
  • Cooperation is essential for EU legal order success
  • Key clarifications from the ECJ support the EU Single Market
• What does Article 258 TFEU pertain to?

  Centralized enforcement of EU law
• Who commences actions under Article 258 TFEU?

  The European Commission
• What is the role of citizens in infringement proceedings?

  To bring breaches to the Commission's attention
• What is the significance of Article 4(3) TEU?

  It obliges Member States to comply with Treaty obligations
• What happens if a Member State fails to comply with a CJEU judgment under Article 260(1)?

  The Commission can bring the MS back to court
• What are the consequences of failing to comply with Article 260(1)?

  The CJEU can impose financial penalties
• What does Article 260(3) TFEU allow the EU Court to do?

  Impose penalties for non-notification of implementation
• What is the importance of infringement proceedings in the EU legal system?

  • Important for resolving EU law disputes
  • Contributes to the success of the EU Single Market
  • Not the main way of resolving disputes
• What claim did LEAVE campaigners make about the UK in relation to the ECJ?

  That the UK lost over 75% of cases
• What is the reality regarding the UK's infringements before the EU Court?

  The UK had more dismissals than declarations
• What landmark case established the supremacy of EU law?

  Case 6/64 Costa v ENEL
• What is the conditional nature of supremacy of EU law in national courts?

  It varies by national legal systems
• What could trigger a constitutional crisis in the EU?

  A collision between EU law and national law
• What is the direct effect principle in EU law?

  • EU law must be given legal effect without enactment
  • Direct applicability means immediate entry into national law
  • EU Regulations are directly applicable; Directives require implementation
• What case established that EU law confers rights on individuals?

  Case 26/62 Van Gend en Loos
• What must EU law be for it to have direct effect?

  Clear, precise, and unconditional
• What does Case 106/77 Simmenthal II state about national courts?

  They must apply EU law even if conflicting
• What is the indirect effect principle in EU law?

  • National courts must interpret national law in light of EU law
  • Duty to achieve results required by EU law
  • Cannot re-write national legislation, only interpret
• What does Case 14/83 Von Colson establish regarding national courts?

  They must interpret national law consistently with EU law
• What is required for a claimant to receive compensation under the Francovich principle?

  Establish rights, serious breach, and causal link
• What constitutes a sufficiently serious breach under the Francovich principle?

  A clear rule breach or manifest grave breach
• What are some rights accessed by UK citizens through EU principles?

  • Equal retirement ages for men and women
  • Right against discrimination based on transgender status
  • Right against discrimination due to pregnancy
  • Right against age discrimination
• What are the remedies for breach of Article 30 TFEU?

  • SOLVIT for individual disputes
  • Infringement proceedings for overall breaches
  • Direct effect allows for restitution
• What are the remedies for breach of Articles 34 & 35 TFEU?

  • SOLVIT for individual disputes
  • Infringement proceedings for overall breaches
  • Rapid Intervention Mechanism for urgent cases
• What does the Rapid Intervention Mechanism allow the European Commission to do?

  Use expedited procedures for serious disruptions
• What is the vertical direct effect of Articles 34 & 35 TFEU?

  Applicable against a Member State or emanation
• What is the significance of the cases C-6 & 9/90 Francovich I?

  They establish rights to compensation for breaches
• What is the impact of loss of profits due to cheaper goods on EU law?

  It raises questions about compliance with EU law
• What is the purpose of Article 267 TFEU?

  To clarify national courts' duty regarding EU law