Economics 3366A/B Study Guide - Quiz Guide: Enel, Merchant Shipping Act, Imperial Units
22 Sep 2020
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The union only acts if the objective cannot be sufficiently achieved at a lower level. Uk v council (work-time directive: maximum of 40 hour working week, sunday = rest day, court rejected uk claims of subsidiarity infringement, health and safety is an eu competence, directive was also proportionate. Vodafone and others v secretary of state for business: legislation on roaming services/charges, court: can only be regulated by the eu they had to intervene. National parliaments have 8 weeks to send opinion on/complain about new legislation, based on the principle of subsidiarity. Sources of eu law: primary treaties (teu/tfeu/protocols), charter of fundamental rights (same legal value as treaties), secondary legislation (regulations/directives), general principles of eu law (from cjeu), case law of the cjeu, soft law (recommendations/guidelines). Simmenthal [1978: cjeu: any national court must apply community law in its entirety, and set aside conflicting national law.
