Administrative Law 2

What is the principle of administrative liability based on?

Objective liability: the administration must compensate for damage caused, even without fault.

Which three elements must be proven to establish administrative liability?

1. Real and personal damage, 2. Attribution to the PA, 3. Direct causal link.

Can a public administration be liable for damage caused during normal functioning?

Yes, liability exists even when the service operates lawfully.

How is public relief different from administrative liability?

Relief is based on solidarity and partial coverage, liability is legal and full compensation.

What rights are protected under due process in administrative procedures?

Right to be heard, access to file, reasoned decisions, legal assistance, impartiality, etc.

How does due process extend beyond criminal law?

It applies to all administrative decisions that negatively affect individuals.

Why is access to the administrative file important?

It ensures the individual can properly defend themselves with all relevant information.

What five conditions are required for lawful expropriation?

Public utility, necessity, declaration, compensation, actual occupation.

What is the legal rationale behind expropriation?

The state may take private property for public benefit, but must provide fair compensation.

What controversial principle was established in Kelo v. New London?

That economic development can qualify as public use for expropriation.

What are the three steps of the proportionality test?

1. Suitability, 2. Necessity, 3. Proportionality stricto sensu (balancing benefits and burdens).

Can a policy be suitable and still fail the proportionality test?

Yes, if it's not necessary or imposes excessive burdens.

How does proportionality relate to fundamental rights?

It prevents unjustified or excessive interference by requiring balance and justification.

What is the purpose of transparency in administrative law?

To ensure openness, accountability, and citizen trust in public institutions.

What are valid grounds for limiting access to public information?

National security, public order, defense, investigations, or data protection.

Is transparency an absolute right?

No, it may be restricted under strict and reviewable conditions.

What distinguishes exclusive from shared EU competences?

Exclusive: only EU can act; Shared: both can act unless EU has already legislated.

What is supporting competence?

The EU may support or coordinate actions, but cannot harmonize national laws.

Can member states legislate in areas of shared competence?

Yes, but only if the EU has not already exercised its power.

Who proposes legislation in the EU?

The European Commission has exclusive right of initiative.

Which institutions co-legislate under the ordinary legislative procedure?

The European Parliament and the Council of the EU.

What is the role of the European Council?

It sets political direction but does not legislate.

What is the key difference between the Council of the EU and the European Council?

Council of the EU adopts laws with Parliament; European Council sets strategy.

What is the Court of Auditors responsible for?

Checking that the EU budget is properly implemented and funds are used legally.

What is required for a decision to pass under Qualified Majority Voting?

55% of states representing at least 65% of the EU population.

Which institutions share budgetary power in the EU?

The European Parliament and the Council of the EU.

Does the European Parliament have legislative initiative?

No, it cannot propose legislation.

Who can bring an action for annulment?

Member states, institutions, and individuals directly affected by a binding EU act.

What is required before bringing an action for failure to act?

The institution must first be formally invited to act.

What is needed to succeed in an action for damages under Article 268 TFEU?

A serious breach, actual damage, and a causal link.

Which court handles preliminary rulings?

Only the Court of Justice, not the General Court.

What did Van Gend en Loos establish?

That EU law can have direct effect and be invoked by individuals.

What principle came from Costa v. ENEL?

The supremacy of EU law over national law.

What does the Plaumann test define?

The strict criteria for individual concern in annulment actions.

What principle was confirmed in Francovich?

That states are liable for failure to implement EU law properly.

A directive on workers' rights is not transposed on time. Can an individual sue a private employer under it?

No, directives have no horizontal direct effect.

A national law conflicts with an EU regulation. What must the national court do?

Disapply the national law due to the principle of supremacy.

A company wants to challenge an EU regulation that affects it and many others. What test applies?

The Plaumann test – it must show direct and individual concern.

A national court is unsure how to interpret a provision of EU law. What should it do?

Request a preliminary ruling from the CJEU under Article 267 TFEU.

The Commission fails to act after being formally asked to regulate. What action is possible?

An action for failure to act under Article 265 TFEU.

A member state causes harm by failing to implement an EU directive. What can an individual do?

Sue the state for damages based on the Francovich doctrine.

The EU passes a regulation limiting truck use on weekends. A company claims it is excessive. What principle applies?

Proportionality – the measure must not exceed what is necessary.

A citizen is fined without a hearing. What principle is violated?

Due process – specifically, the right to be heard.

The administration lawfully expropriates land without paying. What principle is breached?

Right to property – expropriation requires compensation.

An EU act imposes sanctions on a company. They want to challenge it. What remedy applies?

Action for annulment under Article 263 TFEU.

The Parliament and Council pass a law that heavily restricts digital platforms. Citizens protest. What principle helps review it?

Proportionality – balancing rights and public interest.

A directive gives citizens new rights. The government fails to implement it. Can it still be relied on?

Yes, but only vertically – against the state.

Which body handles a company's challenge against a Commission decision on competition law?

The General Court.

A law limits public protests for vague 'security' reasons. What principle helps assess its legality?

Proportionality – unclear or overly broad bans may be disproportionate.

A new policy contradicts past administrative practice that people relied on. What principle is at stake?

Legitimate expectations.

A journalist is denied access to a document without explanation. What principle is breached?

Transparency – access must be limited only with justification.

The EU bans a product without consulting affected firms. What procedural right might be violated?

Right to be heard (due process).

A regulation takes effect and changes national law overnight. Is this allowed?

Yes – regulations are directly applicable and override national law.

An individual wants to sue the EU for harm caused by a legal act. What must they show?

A serious breach of EU law, damage, and causal link – action for damages.

The European Council issues a political statement. Can it be challenged by annulment?

No – political declarations with no legal effect cannot be annulled.