EU law week 5
IANNELLI – 34 DIRECT EFFECT
https://www.studocu.com/en/document/rijksuniversiteit-groningen/irio-european-law/rulings/
index-irio-eu-law/2188454/view
mandatory requirements apply to non-discriminatory measures
- Except for environment: Austrian air quality case
It has become easier to jump from mandatory requirements to treaty justification: distinction is less
relevant: TJ = MR = they are values recognized by EU law so when you pursue them you allow for
more room to pursue EU goals, advantage:
Mandatory requirements are primary law.
Framework for assessing : the dimensions of the balancing of interests
MS: good,
EU: bad; but could say that they are also winning:
Persons: traders will be the losing party, the winning part will be for the non-economic side; more
soft and cuddly stuff.
Having a ground for justification does not mean that you will win, because of proportionality.
Use substantive and vertical dimensions in answering questions (horizontal is not that important for
this course now).
‘if you want to commit a crime, just commit a sexual crime in the UK and you will be fine’
Article 7(9) of the cross-border healthcare directive ensures that not all patients go abroad for
treatment as it can be a danger to the quality of the health care in the MS. It is limited by 7(11)
IANNELLI – 34 DIRECT EFFECT
https://www.studocu.com/en/document/rijksuniversiteit-groningen/irio-european-law/rulings/
index-irio-eu-law/2188454/view
mandatory requirements apply to non-discriminatory measures
- Except for environment: Austrian air quality case
It has become easier to jump from mandatory requirements to treaty justification: distinction is less
relevant: TJ = MR = they are values recognized by EU law so when you pursue them you allow for
more room to pursue EU goals, advantage:
Mandatory requirements are primary law.
Framework for assessing : the dimensions of the balancing of interests
MS: good,
EU: bad; but could say that they are also winning:
Persons: traders will be the losing party, the winning part will be for the non-economic side; more
soft and cuddly stuff.
Having a ground for justification does not mean that you will win, because of proportionality.
Use substantive and vertical dimensions in answering questions (horizontal is not that important for
this course now).
‘if you want to commit a crime, just commit a sexual crime in the UK and you will be fine’
Article 7(9) of the cross-border healthcare directive ensures that not all patients go abroad for
treatment as it can be a danger to the quality of the health care in the MS. It is limited by 7(11)
