Problem Questions

These revision charts are useful for a general overview of how you are advised to approach problem questions. However, these are not intended to give you a full understanding on the matter. You should always read the textbook and relevant authorities to ensure you do your best in a problem question. Any references made to R Schütze, European Union Law (2nd edn) CUP 2018 will henceforth be referenced as ‘Textbook’.

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  • Chart 1 - Art263 ARTICLE 263 TFEU: ACTION FOR ANNULMENT (JUDICIAL REVIEW) The European Court of Justice has the jurisdiction to review legislative acts of EU institutions. (Art 263 TFEU) Art 263 TFEU distinguishes between three types of applicants: - Paragraph 2: Privileged applicants (i.e. Member States, the European Parliament, Council and Commission). They can always bring an…Chart 1 - Art263
  • Chart 2 - Other Methods of Review OTHER METHODS OF REVIEW: COLLATERAL AND INDIRECT ARTICLE 277 TFEU: THE PLEA OF ILLEGALITY (COLLATERAL REVIEW) - Applicants can invoke the illegality of a Union act ‘of general application’ (Art 277 TFEU) while they are also conducting a direct action under Art 263 TFEU. Art 277 TFEU therefore is not an independent action as…Chart 2 - Other Methods of Review
  • Chart 3 - Liability Actions ARTICLE 268 AND 340 TFEU: REMEDIAL POWERS – LIABILITY ACTIONS - The European Treaties acknowledge an action for damages for losses incurred whereby the Union legislature or executive has acted illegally. Contractual Liability (Paragraph 1 Art 340 TFEU) Governed by national law - Non-contractual Liability (Paragraph 2 Art 340 TFEU) Governed by European law…Chart 3 - Liability Actions
  • Chart 4 - Direct Effect ESTABLISHING DIRECT EFFECT The principle of direct effect allows individuals to rely on the rights conferred upon them through Treaty provisions, Regulations and Directives in national courts. They are all capable of having direct effect, subject to certain conditions. Treaty provisions are Primary Union law, whereas Regulations and Decisions are Direct Union law. Directives,…Chart 4 - Direct Effect