Questions examination International Business Law
European Law and European Business Law
1. What is the diffirence between
• Europe
• The EU
• The Economic and Monetary Union?
Europe: is a Geographic Region, refers to countries including those in the EU as well as the
non-EU countries like Russia for example.
EU law: is based on 2 Treaties, the Treaty of the Functioning of the EU and the Treaty of the
European Union. EU law has precedence over national laws of countries that signed the
TFEU (treaty of functioning). Goal of EU is to achieve economic integration by a common
market where goods, persons, capital and services can circulate freely.
The EU is a political and economic union of 27 European countries, it has its own governing
institutions, laws and a single market that allows for the free movement of goods, services,
capital and people among the member states. Not all European countries are members, fe
Norway.
The economic and Monetary union (EMU): Includes those EU countries that have adopted
the euro currency, they coordinate their monetary policies through the European Central
Bank.
2. What does supremacy of EU law mean?
An EU law principle that when there is a conflict between European law and the law of its
member states, European law prevails. Norms of national law are set aside.
So it is directly applicable meaning, EU legislation will apply directly within the legal systems
of the member states, no acts by governments needed.
And directly effective so the provisions (bepalingen) of the directly applicable law give the
right to EU nationals to use this law before a court in their own country in a lawsuit against
another person/own government.
3. What is the difference between the European Council, The Council of Europe and The Council of
the European Union?
The European Council: decides on general direction and priorities of the EU, leaders of all Eu
member states plus the president of the European Council. Gives the council of EU
guidelines. Doesn’t legislate or adopt laws.
The council of Europe: is a separate international organization focused on human rights and
democracy. Includes also non-EU countries. Has no legislative powers.
The council of the European Union: the government of the EU member states have their say,
here are national ministers of each member states, fe minister of environment. Council of
European union has to agree with the European parliament on a law -> codecision
coordinates member states’ policies in specific fields fe economic and fiscal policies,
education. Also adopts the EU budget together with the parliament. SO responsible for
legislative and policy decision making.
, 4. What does the internal market mean and which treaty established this?
The Single European Act.
Meaning you had one tariff for the outside border of all member states of the EU, France
had the same percentage of tax for import as Belgium. But also a single market where all
goods, people, capital and services can move freely.
Removing non-tariff barriers to cross-border intra community trade and investment.
Was built upon the Treaty of the functioning of the EU, treaty of Rome, … .
5. How does harmonisation work and why is it important?
The adoption of harmonization laws makes it possible to remove obstacles and establish
common rules aimed at guaranteeing the free circulation of goods and products.
The goal is to create consistency of laws (laws moving towards each other), regulations,
standards and practices so that the same rules will apply to businesses that operate in more
than one member state. create a level playing field for companies that want to be active in
more than one country of the EU.
Guiding principle is the mutual recognition of national rules: although the good might not
meet our expectation, we should recognize the production of that certain good.
has a dual purpose so ensuring free movement of goods through the technical
harmonization of entire sectors and guaranteeing level of protection of our interests. .
6. How does mutual recognision work and why is it important?
Used to demonstrate that the product you market, sell in one country can lawfully be sold in
another country. There needs to be a business friendly problem solving procedure, including
possibility of assessment or the commission if it is restricting or denying market access with
EU law.
The mutual rec pr ensures market access for goods that are not, or are only partly subject to
EU hamonisation legislation. Any good lawfully sold in one EU country can be sold in
another. Even if the good doesn’t fully comply with the technical rules of the other country.
7. Explain the free movement of goods and how any limitation will be legally evaluated?
All 4 are guaranteed in the TFEU! Means that within EU products can be traded and
transported between member states without customs duties or restrictions.
Removing of tariff barriers: France cannot issue a tariff tax on goods that are produced in
Germany and exported to France -> no taxes on any products produced in the EU between
member states of the EU -> has a direct effect.
Key articles: 34 and 35 TFEU
34 TFEU: quotas or total bans on imports as well as all measures having eq effect shall be
prohibited between member states -> means there is free movement on imports within the
EU.
35 TFEU: is about the exports.
Principle of free movement of goods can me limited under certain circumstances: Art 36:
public morality, public policy or public security, the protection of health and life of humans,
animals and plants, protection of national treasures possessing artistic, historic or
archaeological value. Even if we have a hardcore restriction, doesn’t mean member states of
EU can apply this broadly.
Cassis de Dijon case, liquer from France to Germany.
How evaluated: zie proportionality test
European Law and European Business Law
1. What is the diffirence between
• Europe
• The EU
• The Economic and Monetary Union?
Europe: is a Geographic Region, refers to countries including those in the EU as well as the
non-EU countries like Russia for example.
EU law: is based on 2 Treaties, the Treaty of the Functioning of the EU and the Treaty of the
European Union. EU law has precedence over national laws of countries that signed the
TFEU (treaty of functioning). Goal of EU is to achieve economic integration by a common
market where goods, persons, capital and services can circulate freely.
The EU is a political and economic union of 27 European countries, it has its own governing
institutions, laws and a single market that allows for the free movement of goods, services,
capital and people among the member states. Not all European countries are members, fe
Norway.
The economic and Monetary union (EMU): Includes those EU countries that have adopted
the euro currency, they coordinate their monetary policies through the European Central
Bank.
2. What does supremacy of EU law mean?
An EU law principle that when there is a conflict between European law and the law of its
member states, European law prevails. Norms of national law are set aside.
So it is directly applicable meaning, EU legislation will apply directly within the legal systems
of the member states, no acts by governments needed.
And directly effective so the provisions (bepalingen) of the directly applicable law give the
right to EU nationals to use this law before a court in their own country in a lawsuit against
another person/own government.
3. What is the difference between the European Council, The Council of Europe and The Council of
the European Union?
The European Council: decides on general direction and priorities of the EU, leaders of all Eu
member states plus the president of the European Council. Gives the council of EU
guidelines. Doesn’t legislate or adopt laws.
The council of Europe: is a separate international organization focused on human rights and
democracy. Includes also non-EU countries. Has no legislative powers.
The council of the European Union: the government of the EU member states have their say,
here are national ministers of each member states, fe minister of environment. Council of
European union has to agree with the European parliament on a law -> codecision
coordinates member states’ policies in specific fields fe economic and fiscal policies,
education. Also adopts the EU budget together with the parliament. SO responsible for
legislative and policy decision making.
, 4. What does the internal market mean and which treaty established this?
The Single European Act.
Meaning you had one tariff for the outside border of all member states of the EU, France
had the same percentage of tax for import as Belgium. But also a single market where all
goods, people, capital and services can move freely.
Removing non-tariff barriers to cross-border intra community trade and investment.
Was built upon the Treaty of the functioning of the EU, treaty of Rome, … .
5. How does harmonisation work and why is it important?
The adoption of harmonization laws makes it possible to remove obstacles and establish
common rules aimed at guaranteeing the free circulation of goods and products.
The goal is to create consistency of laws (laws moving towards each other), regulations,
standards and practices so that the same rules will apply to businesses that operate in more
than one member state. create a level playing field for companies that want to be active in
more than one country of the EU.
Guiding principle is the mutual recognition of national rules: although the good might not
meet our expectation, we should recognize the production of that certain good.
has a dual purpose so ensuring free movement of goods through the technical
harmonization of entire sectors and guaranteeing level of protection of our interests. .
6. How does mutual recognision work and why is it important?
Used to demonstrate that the product you market, sell in one country can lawfully be sold in
another country. There needs to be a business friendly problem solving procedure, including
possibility of assessment or the commission if it is restricting or denying market access with
EU law.
The mutual rec pr ensures market access for goods that are not, or are only partly subject to
EU hamonisation legislation. Any good lawfully sold in one EU country can be sold in
another. Even if the good doesn’t fully comply with the technical rules of the other country.
7. Explain the free movement of goods and how any limitation will be legally evaluated?
All 4 are guaranteed in the TFEU! Means that within EU products can be traded and
transported between member states without customs duties or restrictions.
Removing of tariff barriers: France cannot issue a tariff tax on goods that are produced in
Germany and exported to France -> no taxes on any products produced in the EU between
member states of the EU -> has a direct effect.
Key articles: 34 and 35 TFEU
34 TFEU: quotas or total bans on imports as well as all measures having eq effect shall be
prohibited between member states -> means there is free movement on imports within the
EU.
35 TFEU: is about the exports.
Principle of free movement of goods can me limited under certain circumstances: Art 36:
public morality, public policy or public security, the protection of health and life of humans,
animals and plants, protection of national treasures possessing artistic, historic or
archaeological value. Even if we have a hardcore restriction, doesn’t mean member states of
EU can apply this broadly.
Cassis de Dijon case, liquer from France to Germany.
How evaluated: zie proportionality test
