Etma01
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- Date Submitted: 07/20/2014 09:07 AM
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eTMA 04
Question 1
For this question websites Europa.eu and EUR-Lex where used as it was easy to find because the case was found using the case number by searching for EU Law, then looking in the case Law section and finally searching for the case in the case number search section of the website.
i) The date of the judgement took place on the 17th of December 1970. The full citation of the judgement is ECLI:EU:C:1970:114
ii) The case commenced in a German court in Frankfurt called Verwaltungsgericht Frankfurt am Main
iii) The German courts view was examining the validity of an export licence system, under which an exporter would lose a pre-paid deposit if he failed to use the licence. The company claimed that the loss was disproportionate to the aims of the measure and violated the fundamental right to economic liberty provided for by the German Constitution. The dilemma was acutely felt by the German Court, which has consistently held that it will always give preference to fundamental rights, rather than to the supremacy of EC/ EU law.
iv) The ECJ felt that member states have a duty to do whatever possible to ensure the effectiveness of the provisions of EU law. So countries must have a duty to make national law conform to EU law which must be protected by the court.
v) The link between both principles of national law and EU law was human Rights. And the respect of the constitutional rights to earn in a free market without being put under rules that disregard the principal of what both institution stands for.
vi) The court had to respect the fundamental rights and that they are a principal of law. Provisions should be put into circulation to avoid licences not followed by import or export which show a distraught view of the market and deposits give a good idea of transactions taking place between different member states. And this would provide accurate data in showing the movement of goods and trends in the market. So the licences...
Question 1
For this question websites Europa.eu and EUR-Lex where used as it was easy to find because the case was found using the case number by searching for EU Law, then looking in the case Law section and finally searching for the case in the case number search section of the website.
i) The date of the judgement took place on the 17th of December 1970. The full citation of the judgement is ECLI:EU:C:1970:114
ii) The case commenced in a German court in Frankfurt called Verwaltungsgericht Frankfurt am Main
iii) The German courts view was examining the validity of an export licence system, under which an exporter would lose a pre-paid deposit if he failed to use the licence. The company claimed that the loss was disproportionate to the aims of the measure and violated the fundamental right to economic liberty provided for by the German Constitution. The dilemma was acutely felt by the German Court, which has consistently held that it will always give preference to fundamental rights, rather than to the supremacy of EC/ EU law.
iv) The ECJ felt that member states have a duty to do whatever possible to ensure the effectiveness of the provisions of EU law. So countries must have a duty to make national law conform to EU law which must be protected by the court.
v) The link between both principles of national law and EU law was human Rights. And the respect of the constitutional rights to earn in a free market without being put under rules that disregard the principal of what both institution stands for.
vi) The court had to respect the fundamental rights and that they are a principal of law. Provisions should be put into circulation to avoid licences not followed by import or export which show a distraught view of the market and deposits give a good idea of transactions taking place between different member states. And this would provide accurate data in showing the movement of goods and trends in the market. So the licences...