Constitutional Law of the European Union (BKULC06B1A)
Judgments
EU Constitutional Law Case Compendium: Lecture Series Reference Guide
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Course
Constitutional Law of the European Union (BKULC06B1A)
Institution
Katholieke Universiteit Leuven (KU Leuven)
A comprehensive compilation of case materials discussed in lectures from 2023 to 2024. It includes a detailed table of contents, systematically organizing cases by lecture topics and their relevant EU Law Articles. Each case is briefly summarized with key findings or rulings, providing an easy refe...
Constitutional Law of the European Union (BKULC06B1A)
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Cases - ToC
Key Topics/Findings Lecture Relevant EU Law Articles
Case Name Page
Reference
Les Verts v EP subject to judicial
European review; Rule of Law
Lecture 1 Art. 263 TFEU 1-2
Parliament (Case principle.
294/83)
Competences between
Lecture2: Division
of EU & MS’s
Directive annulled;
exceeded EU
competences;
misapplication of Art.
Tobacco
114 TFEU;
Advertising Lecture 2 Art. 114 TFEU 3-4
principles of conferral,
Case (C-376/98)
subsidiarity, and
proportionality.
Art. 114 TFEU
valid basis for
ENISA Case (C-
ENISA; indirect Lecture 2 Art. 114 TFEU 5-6
217/04)
harmonization
support.
CFSP autonomy; Art.
Tanzania Pirate
37 TEU as legal basis
Transfer
for EU-Tanzania Lecture 2 Art. 37 TEU 7-8
Agreement Case
agreement.
(C-263/14)
,Revised Lisbon Art. 207 TFEU Lecture 2 Art. 207 TFEU 9-10
Agreement Case correct for
(C-389/15) accession;
exclusive EU
competence in
commercial policy
Dismissed Poland's
Choice between action; focus on
Energy Sources measure's aim and Lecture 2 Art. 192(1) TFEU 11-12
Case (C-5/16) content over effects
on Member States.
etences: Free
Lecture 3: Testing
EU Comp- movement & MS Societal
Scope:
choices
Language
requirements for jobs;
Groener Case proportionality in
Lecture 3 Art. 45 TFEU 13-14
(Case C-379/87) worker movement
restrictions.
Ban on "laserdrome"
game; balance
between public
Omega
policy and
Spielhallen Art. 49, 54, 56 TFEU
fundamental Lecture 3 15-16
Case (Case C-
freedoms; restriction
36/02)
on services.
Flemish language
decree
Las Case (Case disproportionate;
Lecture 3 Art. 45 TFEU 17-18
C-202/11) language in contracts;
worker freedom.
,Coman Case Recognition of same- Lecture 3 Arts. 7, 21, 24 of Charter of 19-20
(Case C-673/16) sex marriage in Fundamental Rights, Art. 21
residency rights; TFEU
freedom of movement,
non- discrimination.
Case inadmissible; no
cross-border element;
highlights scope of EU
Fremoluc Case Art. 21, 45, 49, 63 TFEU
law in internal matters. Lecture 3 21-22
(Case C-343/17)
Arts. 7, 24 of Charter of
Pancharevo Parent-child relationship Fundamental Rights, Art. 21
Case (Case C- recognition; child's Lecture 3 TFEU 23-24
490/20) freedom of movement.
Language in
Cilevičs and education; national
Others Case (C- identity; freedom of Lecture 3 Article 49 TFEU 25-26
391/20) establishment.
Legislation - Democracy
Lecture 4: EU
Making(I): in Practice
Decision-
Commission's right to
withdraw legislative
proposals; principles of
Withdrawal conferral, sincere Arts. 13(2) TEU,
Lecture 4 27-28
Judgment cooperation, and 296 TFEU
reason-giving.
Transparency in
trilogues, public access
to documents; balance
De Capitani between transparency Regulation (EC) No
Lecture 4 29-30
Judgment and legislative 1049/2001
effectiveness.
, Legality of EU migrant
Hungary v relocation legislation;
Parliament and competence, institutional Arts. 53(1), 62 TFEU
Lecture 4 31-32
Council balance.
Judgment
Implementation &
Lecture 5: EU
Making(II): Delegation of Power
Decision-
Council decision
exceeded
implementing powers,
impacting fundamental
Schengen
rights; uniform
Borders Code Art. 77, 78, 79 TFEU
application, delegated Lecture 5 33-34
Case (Case C-
and implementing acts.
355/10)
EU authority over
financial markets;
Short Selling
Meroni principle, Arts. 114, 290,
Case (Case C- Lecture 5 35-36
delegated and 291 TFEU
270/12)
implementing acts.
Fee-setting under
implementing acts,
distinction between
Arts.
Biocide Case Arts. 290, 291 TFEU
290 and 291 TFEU; Lecture 5 37-38
(Case C-427/12)
delegation of legislative
power to EU bodies.
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