What is the principle of proportionality in EU law?
Proportionality regulates how the European Union exercises its powers. It works in much the same way as the principle of subsidiarity. The proportionality principle means that, to achieve its aims, the EU will only take the action it needs to and no more.
How effective is EU law?
The principle of effectiveness, or effective judicial protection, obliges Member State courts to ensure that national remedies and procedural rules do not render claims based on EU law impossible in practice or excessively difficult to enforce.
What is the principle of procedural autonomy?
Definition. National procedural autonomy is a principle of European Union (‘EU’) law. It stipulates that EU Member States are free to establish their own national procedural rules to govern the exercise of EU law.
What are the 3 types of European Union law?
Types of EU legal acts
- EU treaties. The treaties lay down the objectives of the European Union, the rules for EU institutions, how decisions are made and the relationship between the EU and its member countries.
- Regulations.
- Directives.
- Decisions.
- Recommendations.
- Opinions.
- Delegated acts.
- Implementing acts.
What is the principle of reasonableness?
The principle requires that any restriction of individual freedom must be appropriate to the attainment of the objectives to be achieved. reasonableness. Following this principle every legislative and administrative act is subject to the control of the Constitutional Court.
What are the general principles?
General principles are “those principles without which no legal system can function at all”. General principles are mostly derived from domestic law – the “legal systems of civilized states”;40 however, they may also derive from natural law and justice41 or even from international law.
What is the principle of effectiveness?
The principle that law in general, and rights and obligations thereunder, should be effective rather than not, expressed sometimes in the maxim ut res magis valeat quam pereat.
What are the three standards of reasonableness?
In United States criminal law, subjective standard and objective standard are legal standards for knowledge or beliefs of a defendant in a criminal law case.
What does Wednesbury principle mean?
A reasoning or decision is Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting reasonably could have made it (Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223).
Is the equivalence principle applicable to all EU member states?
The equivalence principle cannot be interpreted as an obligation for the Member States to extend their most favourable national regime on (judicial) procedure to all actions based on EU law, (See Case C-326/96, Levez, 1 December 1998, par. 42)
Are there limits to procedural autonomy in the EU?
The limits to MS procedural autonomy: 1) THE PRINCIPLE OF EQUIVALENCE WARNING!!! The equivalence principle cannot be interpreted as an obligation for the Member States to extend their most favourable national regime on (judicial) procedure to all actions based on EU law,
What is the principle of conferral of EU member states?
Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein Competences not conferred upon the Union in the Treaties remain with the Member States Article 291 TFEU: Principle of indirect administration 1.
Are there any legal bases for EU legislation on procedural matters?
NO LEGAL BASES FOR THE ADOPTION OF EU LEGISLATION ON PROCEDURAL MATTERS!!! B) No possibility to use the general legal bases concerning the approximation of such laws, regulations or administrative provisions of the Member States affecting the establishment or functioning of the internal: so neither