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Zusammenfassung der Europarecht Einheiten im Sommersemester 2017 auf der WU Wien
4. Einheit (3. Einheit) Ultra vires review: (Beyond the powers) system of competences between EU and member states, usually European court of justice checks if law is correct but german constitutional court ultra vires review anschauen!! EU institution that checks also on EU competences Honeywell decision german constitutional court before it would activate ultra vires review it would firstly contact european court of justice Constitutional courts that refer cases to ECJ austrian court on internet matters Spanish also (melony case) Supreme court since 2012 (of the United Kingdom), before that house of lords German court wanted to activate ultra vires review on the OMT case (outright monetary transactions) program EU announced September 2012 should safeguard the Eurozone wanted to actively buy bonds (Staatsanleihen) from states that were in financial difficulties; question if it is in the mandate of the ECB or overstepping their power President of the ECB (Manuel Dragi) just announcement of that program had a huge positive Effect on Eurozone market legally speaking: ECB bought 0 bonds, so program never really activated TFEU 123 (1) European Union may not directly purchase from MS bonds and finance them through that OMT was an Umgehung (Bypass) of this forbidden measure Some fundamental aspects protected against external effects Ewigkeitsklausel 79 (3) of the german Grundgesetz Austrian constitution changed: qualified majority on both sides In austria no conflict of law (but certain parts different fundamental prinicples of the austrian constitution: federal, democratical, liberal, republican, Rechtsstaatlichkeit can be found through interpretation change: qualified majority plus public referndum, constitutional court: main procedial safeguard to protect the constitutional order aktiviert identity review against EU law article 1 german Grundsatz/Grundrechte article 1 charta of human rights other rights freedoms, quality, solidarity moto of the french revolution
charta since treaty of Lisbon article 6 of TEU „shall have the same binding as the treaties“ Stauda case Solange Case 5. Einheit Europarecht: Charter of fundamental Rights: Primary EU law Article 6 TEU same status as Treaties in the EU Right to vote EU Citizens can evoke it When Member states are implementing EU law (all european isntitutions have to respect CFR) Implementation of EU law: Bsp: Austria has to implement EU law… EU no need to join EU Convention of human rights (1994/5) When EU wants to become a party to an international agreement – commision can ask the ECJ if this is not against EU primary Law ECJ said no EU cannot join cannot join EU Convention of EU Law (violating EU primary law) But Article 6: obligation „shall“ join more must sounds like obligation What is the role of EU convention of human rights under EU law: much less used because we have the Charta of human rights so: is it binding? Charta is formally binding, European Convention of human rights: look at „pillar one“ – general (unwritten) principle of EU law – minimum standard for MS – so it becomes material standard in an indirect way guideline What does a national constitutional court as a „Prüfungsmaßstab“ In Austria: formal Austrian constitutional law EU law: has no „Prüfungsmaßstab“, except: if its similiar to the fundamental rigths of Austria Article 6 of the convention of the human rights: right for a fair trial In Charter: Article 47: same Article 6 is only to be envoked in criminal charges Article 47 whenever it is needed, whenever EU law is envolved asylum law 3 pillars of charter: Strassbourg Court: When Infringement (Zuwiderhandlung) of convention right (from an EU organ) Exhausted all local remedies (alle Instanzen) 1. National fundamental rights 2. Then conflict EU fundamental rights with it
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