Administrative Law

0.0(0)
studied byStudied by 0 people
learnLearn
examPractice Test
spaced repetitionSpaced Repetition
heart puzzleMatch
flashcardsFlashcards
Card Sorting

1/109

encourage image

There's no tags or description

Looks like no tags are added yet.

Study Analytics
Name
Mastery
Learn
Test
Matching
Spaced

No study sessions yet.

110 Terms

1
New cards

What is the principle of legality in administrative law?

PAs must act only within legal limits

2
New cards

Which country uses regular courts with special branches for administrative law?

Germany

3
New cards

The Conseil d’État performs which functions?

Advises + decides admin law disputes

4
New cards

What’s the UK’s approach to admin justice?

Mix of tribunals + courts

5
New cards

Which country distinguishes between subjective rights and legitimate interests in admin law?

Italy

6
New cards

Who can issue legal opinions but does not decide cases in Spain?

Spanish Council of State

7
New cards

What makes the EU a 'sui generis' legal body?

It’s an integration-based IO with its own legal order

8
New cards

What symbol of the EU is based on ancient European culture?

The euro sign (€)

9
New cards

Which EU institution represents both citizens and states?

The entire EU system

10
New cards

What did the Schuman Declaration propose?

A joint coal and steel authority

11
New cards

What treaty gave the EU legal personality?

Lisbon

12
New cards

What type of EU law requires states to choose the form of implementation?

Directive

13
New cards

Which source of EU law is binding only on its addressees?

Decision

14
New cards

The EU can only act where competences have been…

Explicitly given in treaties

15
New cards

The principle of subsidiarity limits EU action to…

Situations where states can’t act effectively

16
New cards

If a directive is not transposed in time, what happens?

It can still be enforced vertically

17
New cards

Which of the following EU legal sources is never binding?

Recommendation

18
New cards

The principle of primacy means that…

EU law overrules all conflicting national law

19
New cards

What is required for a law to have direct effect?

It must be precise, clear, and unconditional

20
New cards

What is the main role of the CJEU?

Ensure uniform interpretation of EU law

21
New cards

Which court handles most first-instance legal cases brought by companies?

General Court

22
New cards

Advocates General at the Court of Justice…

Offer impartial legal opinions

23
New cards

Infringement procedures are launched by…

The European Commission

24
New cards

What is the purpose of a preliminary ruling?

Interpret EU law for national courts

25
New cards

What kind of act can be annulled under Article 263 TFEU?

Any legally binding EU act

26
New cards

If an EU institution fails to act when legally required, which action is appropriate?

Action for failure to act

27
New cards

What are the term lengths for CJEU judges?

6 years, renewable

28
New cards

What is the aim of an infringement procedure?

Force a member state to follow EU law

29
New cards

What must happen before bringing a 'failure to act' case?

The institution must be asked to act

30
New cards

Which of these is an example of an indirect remedy?

Preliminary ruling

31
New cards

Legal certainty means…

Citizens can plan based on clear, known rules

32
New cards

Which principle protects people from sudden policy changes?

Legitimate expectations

33
New cards

What is the principle of proportionality about?

Preventing excessive action

34
New cards

Which of the following is NOT a requirement for an annulment action?

Must be brought within 3 years

35
New cards

The institutional balance principle ensures…

No single institution dominates the others

36
New cards

Who proposes new EU legislation?

Commission

37
New cards

Which institution represents the EU’s citizens?

European Parliament

38
New cards

What is the role of the European Council?

Set political direction

39
New cards

Which institution handles monetary policy in the eurozone?

ECB

40
New cards

What distinguishes the Council of the EU from the European Council?

Council of the EU is law-making; European Council is political strategy

41
New cards

Which institution audits EU finances?

Court of Auditors

42
New cards

What is administrative justice?

The legal system allowing people to challenge public administration decisions.

43
New cards

What is the key legal principle in admin justice?

The principle of legality – public administrations must follow the law.

44
New cards

What court handles admin cases in France?

The Conseil d’État.

45
New cards

What are the two roles of the Conseil d’État?

It advises the government and judges admin law disputes.

46
New cards

How is the German admin system structured?

It uses judicial courts with special admin branches.

47
New cards

How does the UK handle admin justice?

Through tribunals and judicial review, not separate admin courts.

48
New cards

What is the principle of subsidiarity?

The EU acts only if objectives can't be achieved by individual states.

49
New cards

What is the principle of proportionality?

EU actions must not go beyond what is necessary.

50
New cards

What is legal certainty?

Laws must be clear, public, and predictable.

51
New cards

What are legitimate expectations?

Citizens can rely on consistent official behavior or promises.

52
New cards

What is a regulation in EU law?

A binding legal act that applies directly in all member states.

53
New cards

What is a directive in EU law?

A binding act on result; states choose how to implement it.

54
New cards

Do regulations have direct effect?

Yes – both vertical and horizontal.

55
New cards

Do directives have horizontal direct effect?

No – they can only be enforced vertically (against the state).

56
New cards

What does the European Commission do?

Proposes laws, enforces EU rules, manages budget.

57
New cards

What does the European Parliament do?

Represents citizens, shares legislative and budget power.

58
New cards

Who sits in the Council of the EU?

Ministers from each member state's government.

59
New cards

What is the role of the European Council?

Sets broad political direction and priorities.

60
New cards

What does the European Central Bank (ECB) do?

Controls the euro and sets monetary policy.

61
New cards

What is the role of the Court of Auditors?

Checks that EU money is used correctly.

62
New cards

What is the job of the CJEU?

Ensures EU law is interpreted and applied uniformly.

63
New cards

What is a preliminary ruling?

When a national court asks the CJEU how to interpret EU law.

64
New cards

What is an infringement procedure?

A case against a member state for not following EU law.

65
New cards

What is an annulment action?

A request to cancel an EU act that is illegal.

66
New cards

What is an action for failure to act?

A case brought because an EU institution didn’t fulfill a legal duty.

67
New cards

What is an action for damages?

A lawsuit for harm caused by illegal EU acts.

68
New cards

What does the principle of conferral mean in EU law?

The EU can only act within competences given to it by the treaties.

69
New cards

What are exclusive EU competences?

Areas where only the EU can legislate, e.g., customs union, eurozone.

70
New cards

What are shared competences?

Both the EU and member states can legislate, e.g., environment, energy.

71
New cards

What are supporting competences?

EU supports but does not replace member state actions, e.g., culture, education.

72
New cards

What is meant by double legitimacy in the EU?

EU law is legitimate because it represents both states and citizens.

73
New cards

What treaty introduced EU citizenship?

The Maastricht Treaty (1992).

74
New cards

What treaty gave the EU legal personality?

The Lisbon Treaty (2007).

75
New cards

What is the meaning of the EU flag?

Twelve stars represent perfection and unity.

76
New cards

When is Europe Day celebrated?

On May 9th, marking the Schuman Declaration.

77
New cards

What is the EU’s anthem?

Ode to Joy from Beethoven’s Ninth Symphony.

78
New cards

What is the EU motto?

"United in diversity."

79
New cards

What is vertical direct effect?

An individual enforces EU law against the state.

80
New cards

What is horizontal direct effect?

An individual enforces EU law against another individual or company.

81
New cards

Why don't directives have horizontal direct effect?

They must be implemented by states and are binding only on them.

82
New cards

What happens if a directive is not implemented on time?

It may still have vertical direct effect.

83
New cards

Can a regulation be modified by national law?

No, it applies directly and fully without changes.

84
New cards

Who appoints judges to the CJEU?

By common agreement of member state governments.

85
New cards

What is the role of Advocates General?

They provide impartial legal opinions to assist the CJEU.

86
New cards

What is the difference between the Court of Justice and the General Court?

The Court of Justice handles appeals and key cases; the General Court handles first-instance matters.

87
New cards

What happens if the CJEU finds a state has breached EU law?

The state may face fines and must comply.

88
New cards

What is the purpose of institutional balance?

To prevent any one EU institution from overpowering others.

89
New cards

Can individuals bring annulment actions?

Yes, if the EU act directly affects them and they meet strict conditions.

90
New cards

Can individuals bring actions for damages against the EU?

Yes, under Article 268 TFEU if they suffer loss from an unlawful act.

91
New cards

What must happen before bringing a failure to act case?

The institution must first be formally requested to act.

92
New cards

Can national courts ignore EU law?

No, EU law has primacy and must be applied.

93
New cards

Can the CJEU review national law?

Only indirectly, through preliminary rulings.

94
New cards

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

Council of the EU passes laws with Parliament; European Council sets political direction.

95
New cards

What is the difference between a regulation and a directive?

Regulations apply directly and fully; directives need national implementation.

96
New cards

How does the preliminary ruling mechanism protect EU law?

It ensures national courts apply EU law uniformly by asking the CJEU to interpret it.

97
New cards

Why is the principle of subsidiarity important?

It prevents the EU from acting when states can achieve the objective themselves.

98
New cards

Why is institutional balance important?

To make sure no EU institution dominates others, preserving democratic functioning.

99
New cards

What is qualified majority voting in the Council?

A method where most decisions pass with 55% of states representing 65% of the population.

100
New cards

Can the European Parliament initiate legislation?

No, only the Commission can propose new EU laws.