University:
The University of Law
Course:
M110 | LLB (Hons) Law
Academic year:

2024
Views:

155

Pages:

1
Author:

S. Sikora

EU key words for EU Law LB course HORIZONTAL AGREEMENTS- in the context of competition law, these are agreements between competitors at the same level of an industry’s supply chain (e.g.- two retailers.) HORIZONTAL EFFECT- where a provision of EU law creates obligations between private persons, which may be enforced by either person against the other. IMPLEMENTATION PERIOD- the period from 1st February 2020 to 1st January 2021, during which the UK and the EU negotiated their future relationship. During this period the UK remained part of the EU’s economic institutions, was a member of the single market and continued to be subject to EU law. INDIRECT DISCRIMINATION- this is discrimination in fact. Although it typically appears to be non-discriminatory on the face of rule, it has the effect of discrimination in practice. INDIRECT EFFECT (IE)- this requires national courts of the member states of the EU to interpret national law in line with provisions of EU law. MEASURING HAVIBG EQUIVALENT EFFECT (MEDR’s)- measures which are equivalent in practical effect to QR’s. MEGR’s. These may be distinctly applicable or indistinctly applicable. MEMBER STATES (MS)- the 27 member states which are party to the core treaties of the union and thereby subject to the privileges and obligations of the membership. PRESUMPTION OF MUTUAL RECOGNITION- goods lawfully in circulation in one MS are presumed to be marketable in other MS’s. PRINCIPLE OF FISCAL AUTONOMY- member states have discretion to determine their own internal taxation policies. PROPORTIONALITY- a general principle of EU law, which requires that EU institutions and individual MS institutions to act proportionately in the implementation of EU law. QUANTITATIVE RESTRICTIONS (QR’s)- measures which restrict the quantities of goods that a MS may import of export. STATE LIABILITY (SL)- where a person has suffered a loss caused by a MS’s failure to fulfil its obligation under EU law, that person may be able to hold the MS liable for their loss and hence recover compensation from that MS. SUBSIDIARITY- a principle which considers whether the EU or the individual MSs should act in particular circumstances, on the basis of who is better placed to complete the task. SUPREMACY/PRIMACY- this refers to the supremacy or the primacy, of EU law. Supremacy requires that where there is a conflict between national and EU law, EU law prevails. THE COUNCIL OF THE EUROPEAN UNION- also known as the council of ministers, this is the main decision-making body of the EU, compromising a minister from each MS. THE EUROPEAN COUNCIL- a body consisting of the heads of state of government of each EU member state, THE FOUR FUNDAMENTAL FREEDOMS- this term refers to four broad freedoms -free movement of goods -free movement of persons