European Business Law Understanding the Fundamentals
Following concerns from animal rights campaigners in several member states about the cruelty of seal hunting, and following the introduction by a number of member states of rules prohibiting or limiting the marketing of seal meat and other seal products, the EU introduced a Regulation banning the import of seal meat and other products made from seals. The legal basis for the Regulation was Article 114 TFEU. Several organizations representing seal hunters and traders in seal products brought an action before the Court of Justice of the EU challenging this Regulation, on the grounds that the it breached the principle of conferral, as the EU did not have competence to ban the import of seal products. You are a lawyer advising the EU institutions.
What is your advice?
An important tool in the EU legal toolbox to maintain legal certainty and uniform application of EU Law is the possibility for national courts to ask the European Court of Justice for a preliminary ruling. This is usually done when a question of interpretation of EU law arises before a national court of last instance and that court considers that an ECJ decision on this question is necessary to produce a judgment in the case before it. In fact, in such cases the judge of the court is obliged to send a reference to the ECJ.
But what about the lower courts, can they also send reference to the ECJ?
Which one of the principles below is a principle that stems from the national legal orders and is not unique to the EU legal order?
According to an EU directive, the Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks.
Emma Larsson works for a private employer who refuses to grant her the said four weeks of annual leave, since she has been on sick leave during the better part of the past year.
According to the national applicable law, a company only has to grant paid annual leave to employees who have actually been working during at least half of the reference period (constituting the past year). However, said national law also stipulates that certain absences, such as those due to maternity leave or work-related accidents, shall count as periods of actual work for the purposes of calculating the length of paid leave that an employee is entitled to.
Emma’s employer claims that her sick leave cannot count as a period of actual work and that she has, hence, not actually worked for the minimum period of time required for her to be granted paid annual leave.
Can Emma force her employer to grant her the four weeks of paid annual leave that is stipulated in the EU directive?
Which of the below statements are true about regulations?
(Check all that apply)
What is the basic condition that must be fulfilled for the EU Charter to become applicable?
Where would you find the basic text in the Treaties on proportionality in the exercise of Union competence?
A national law of Factoria (an imagined EU member state) stipulates that owners of fishing vessels registered in Factoria must be resident in that member state. Non-Nationals of Factoria are much less likely to be resident in Factoria than nationals, so the practice puts non-nationals at a disadvantage, and so it is likely to be indirectly discriminatory on grounds of nationality. What does this mean?
Complete the following sentence:
Direct discrimination occurs when a person is treated less favourably ________ their status.
Complete the following sentence:
In areas where the EU has shared competence, as soon as the EU legislates to regulate a particular area, member states are ___________________ also legislate on the same area.