specifics for exam

EEC, plaumann, citizenship

What issue was decided in Plaumann?

• case established the test for individual concern under Article 263 TFEU for non-privileged applicants bringing an action for annulment

What is the Plaumann test?

• A person is individually concerned only if the EU measure affects them because of:

  • attributes peculiar to them, or

  • circumstances that distinguish them from all other persons,

• so that they are differentiated just like the addressee of the act

What does the Plaumann test mean in simple terms?

• The applicant must belong to a closed class.

• If other people could later be in the same position, there is no individual concern

Why did Plaumann fail the test?

• Because anyone could become a clementine importer

• The class of affected persons was open, not closed

• Spijker also failed because although it was the only importer at the time, other importers could appear later → class remained open

Why is the Plaumann test described as "brutally restrictive"?

• it is very difficult for private applicants to prove individual concern.

• Being economically affected is usually not enough

Is being the only business affected enough to satisfy Plaumann?

• no

• if other businesses could later enter the market, there is still no individual concern

Why did the CJEU adopt such a restrictive test (plaumann)?

to prevent too many legal challenges & disruption of EU decision-making

How does the CJEU say individuals can still challenge EU measures?

• By bringing proceedings before national courts, which can refer questions to the CJEU under Article 267 TFEU

Which Treaty provision requires Member States to provide effective judicial protection?

• Article 19(1) TEU

• Member States must provide remedies sufficient to ensure effective judicial protection.

What is the main criticism of the Plaumann test?

• It makes it too difficult for individuals to challenge EU acts and may undermine the right to effective judicial protection

Why is relying on Article 267 not always an adequate solution?

• there may be no national measure to challenge,

• a person might have to break the law to get into court,

• the national court may refuse to refer.

What alternative test did Advocate General Jacobs propose?

• Standing should exist where an EU measure has, or is likely to have, a substantial adverse effect on the person's interests

• the court rejected it because they said any reform should come from the Member States through Treaty amendment, not from the Court itself

• CJEU said national courts should provide effective judicial protection by allowing cases to reach national courts & referring questions on the validity of EU measures under Article 267 TFEU instead

What four things should you remember about Plaumann?

1. Individual concern = closed class

2. The test is very restrictive

3. It has been criticised for limiting effective judicial protection

4. The CJEU says individuals can instead rely on national courts + Article 267 preliminary references

What was the ECSC?

• European Coal and Steel Community

• 1952–2002

• first European organisation

• it placed the coal & steel industries of its Member States under a common High Authority

What were the main aims of the ECSC?

• Prevent another major European war.

• Promote the reintegration of Germany after WWII.

• Place coal & steel production under common control.

When & by which 6 countries was the EEC founded?

• By the Treaty of Rome (1957)

• Belgium, France, (West) Germany, Italy, Luxembourg, Netherlands

What was the EEC's mission statement?

to promote

• economic development,

• balanced growth,

• closer relations between the Member States.

Was the EEC only about economic integration?

• no → was the main focus

• but it was also intended to promote peace, political cooperation, and closer integration between Member States.

What does "incrementalism" mean in the context of the EEC?

• European integration was intended to happen gradually, with cooperation expanding step by step over time

Who were the Treaties originally written to benefit?

• Member States, not individual citizens or companies

• later, CJEU expanded individual rights through direct effect

What were the main policy areas of the EEC?

• free movement (the fundamental freedoms)

• Competition law

• State aid rules

• Common Agricultural Policy (CAP)

How important was social policy in the original EEC?

• It existed, but only as a weak complementary policy

What was the goal for the common market?

• to establish it by 1969

• was not achieved on time

Who did the Council represent & what were their main functions?

• represented the governments of the Member States

• main function

  • Adopt secondary legislation.

  • Make decisions authorised by the Treaties

• originally made decisions by unanimity

What were the Commission's main functions?

• Legislative initiative.

• Supervise Member States' compliance with EU law.

• Supervise corporations under competition and state aid law.

• Promote the general interests of the Community.

the Assembly

• members of the assembly were appointed by national parliaments

• their main legislative role originally: it only had the right to be consulted on proposed legislation

• later became the European Parliament

What was "Eurosclerosis"?

• Period of political stagnation where integration slowed because Member States focused on national interests

• Causes

  • Economic recession.

  • National governments prioritising domestic issues.

  • Disagreements over decision-making.

What was the "Empty Chair Crisis"?

France boycotted Council meetings because it opposed increased majority voting.

What was the Luxembourg Compromise?

An agreement allowing Member States to continue seeking unanimity where vital national interests were involved.

What is meant by "judicial activism" in early EU law?

• Court of Justice expanded the effectiveness of EU law through important legal principles, especially: direct effect & supremacy

• was important because it advanced European integration even when political progress was slow

What changed in 1979?

• The European Parliament became directly elected.

• EP elections are conducted By proportional representation, with Member States deciding the detailed voting rules.

• traditional weakness of EP elections

  • Low voter turnout.

  • Campaigns often focus on national rather than EU issues.

Which countries joined the EEC in 1973?

• UK, Ireland, Denmark

• UK joining was controversial because many people in the UK questioned the benefits of joining

Which countries joined EEC in the 1980s?

• Greece, Spain, Portugal

• significant because

  • They had recently returned to democracy.

  • Their economies were less developed than those of the existing Member States

What is the legal basis of EU citizenship?

• Article 20(1) TFEU

• Every person holding the nationality of a Member State is a citizen of the Union.

• EU citizenship is additional to and does not replace national citizenship.

EU students & citizenship

• EU students can access education in another Member State under the same conditions as nationals.

• EU citizens must have equal access to vocational training under EU law.

• EU students are not always automatically entitled to maintenance grants from the host state

  • Early case law restricted access to maintenance grants.

  • Later case law recognised that students who are sufficiently integrated into the host state may qualify.

What is the principle from the student social assistance cases?

• An EU citizen student who is lawfully resident in another Member State may be entitled to equal treatment with host-state nationals.

• However, conditions may apply.

Can Member States impose conditions on students' residence rights?

• yes

• For students staying more than 3 months:

• They may require:

  • sufficient resources

  • sickness insurance

• The conditions must be proportionate.

Economically inactive citizens

• What conditions apply to economically inactive EU citizens who want to reside more than 3 months?

  • Under Article 7(1)(b) Directive 2004/38:

  • They need:

    • Sufficient resources

    • Comprehensive sickness insurance

• an EU citizen who is lawfully resident can generally claim equal treatment with host-state nationals

  • Once lawfully resident, EU citizens fall within the scope of EU law and may claim equal treatment.

Can a Member State automatically remove an EU citizen because they apply for social assistance?

• no

• Applying for social assistance does not automatically remove the right of residence

• The situation must be assessed individually

EU jobseekers

• have rights even if they are not workers

• EU citizenship and free movement principles mean jobseekers may receive certain protections

• Member State cannot refuse a jobseeker benefit simply because they are not a national

  • Nationality alone cannot justify exclusion

  • However, residence requirements may be allowed if:

    • objectively justified

    • proportionate

When can a Member State refuse social assistance to an EU citizen?

• Where the person does not satisfy the conditions for lawful residence

Can economically inactive EU citizens claim unlimited benefits in another Member State?

• no

• eu law prevents benefits tourism

• A person must satisfy residence conditions.

What is the principle behind the refusal of benefits to economically inactive citizens without resources?

• Equal treatment depends on lawful residence

• No lawful residence → no right to equal treatment

What requirements must deportation/restrictions satisfy?

• The person's conduct must represent:

  • genuine threat

  • present threat

  • sufficiently serious threat

• & the measure must be proportionate

• previous criminal convictions alone can’t justify deportation (not present threat)