LEGL4900 Ch. 15

European Union

An international organization of European countries formed after World War II to reduce trade barriers and increase cooperation among its members; concept added by the Maastricht Agreement

Commission of the European Communities v. Portuguese Republic

Article 2(1) of Portuguese Law No. 40/2003 provided that "the affixing of tinted film to the windows of passenger or goods vehicles shall be prohibited with the exception of lawful stickers and dark, non-reflective film to the goods compartment of goods vehicles." Acknowledged that this constituted a restriction to the free movement of goods but contended it was justified by the objectives of road safety and public safety. There was no Community legislation on tinted film designed to be affixed to the windows of motor vehicles at the time Portugal adopted its legislation but did exist in regards to safety glazing. Commission claimed Portugal failed to fulfill its obligations under Articles 28 & 30 of the EC treaty by affecting the marketing of almost all colored film, lawfully manufactured and marketed in other member states. Also claimed ban was excessive and disproportionate with respect to objectives of combating crime and ensuring road safety. Court struck down Portugal's absolute prohibition upon the tinting of automobile windows after they have been released into the stream of commerce despite the absence of an EU law directly in contravention of the Portuguese law and the concerns regarding public safety and combatting crime.

Commission of the European Communities v. Italian Republic

Decree no. 507 of the Italian Ministry of Cultural Assets and Natural Sites regulated tickets for admission to monuments, museums, galleries, archaeological digs, parks and gardens classified as "national monuments" and article 4(3) of the decree provided for free admission to EU citizens under 18 or over 65. The Decree did not apply to public monuments operated by local government authorities. Reduced rates here were restricted to Italian nationals and persons residing within the territory of the local authority. Italy defended this distinction on the basis that free admission to sites could not be granted in disregard of economic considerations and respect tot he management of local cultural sights and that the national government had no authority with respect to museums and other cultural sites operated by local authorities. The Commission challenged the distinction between national and public monuments before the European Court of Justice. It claimed that Italy permitted discrimination in violation of its treaty obligations by allowing local governments to grant advantageous conditions for admission to Italian nationals and persons resident within the territory of those authorities running the cultural sites and by excluding tourists that were nationals of other member states. Court prohibited local government in Italy from maintaining different fees for Italian nationals and citizens of other EU member states with respect to the admission of local museums and cultural attractions. Extended the non-discrimination principle

Blanco and Fabretti v. Agenzia Delle Entrate

In Italy, winnings from casinos situated in Italy were exempt from income taxation to the extent that taxation was included in an entertainment tax but winnings from casinos outside of Italy were subject to income tax. Only winnings obtained in casinos situated outside of Italy were included in the basis for assessment of income tax for persons residing in Italy. Two Italian nationals were accused by Italian tax authorities of failing to declare winnings obtained in casinos located abroad. Individuals claimed that the assessments discriminated against casinos located abroad as such winnings would have been tax empt had they occurred in Italy. Italy claimed difference in treatment was justified by the need to prevent money laundering abroad and limit the arrival in Italy of capital whose origin was uncertain. Provincial tax court in Rome requested that the European Court of Justice address the consistency of Italy's dual tax treatment of casino winnings with the principle of non-discrimination with respect to service providers and whether such treatment could be justified by reasons of public policy, security, or health. ECJ concluded that Italy's differing treatment discriminated casinos located outside of Italy and could not be justified by reasons of public policy.

qualified majority voting

The EU voting system in which the Council of Ministers does not need to reach unanimity on most issues; not all member states had to agree on proposals that related to the internal market

common agricultural policy (CAP)

The EU's agricultural policy which ensures minimum prices to farmers, imposes tariff barriers and quotas on agricultural products from nonmember states, and pays subsidies to farmers for cultivated land

Torresi v. Consiglio dell'Ordine degli Avvocati di Macerata

Two Italian nationals obtained university law degrees in Italy and Spain from Italian and Spanish institutions and registered as attorneys in the Bar of Santa Cruz de Tenerife in Spain. Three months later, they submitted applications to register in the "special section" of the Bar Council of Macerata in Italy. Registration in the special section covers individuals who hold the title of "attorney" issued in a member state other than Italy but who are otherwise established in Italy. Sole requirement was presentation of a certificate attesting to registration with competent authorities inn the individual's home state, in this case, Spain. Bar Council of Macreata failed to act on the applications so the nationals brought an action before the National Bar Council of Italy and they were of the opinion that they applicants registered in Spain to circumvent Italian law governing access to the legal profession. They requested that the ECJ address the issue of whether Italy could refuse registration of its nationals who, after obtaining a university degree in Italy, traveled to Spain in order to acquire the professional qualification of "attorney" and then returned to Italy with the purpose of practicing law under the title obtained in Spain. Interpretation of Directive 98/5/EC was under question which was intended to facilitate the free movement of people by making attorney registration requirements uniform across the EU. Court determined that must be interpreted as meaning that no abuse was present as a result of a national of a member state obtaining a university degree, traveling to another member state in order to acquire the professional qualification of lawyer, and then returning to his or her home state to practice law.

Four Freedoms

refer to a body of EU law originating with the Treaty of Rome in which the EU committed itself to achieving the free movement of goods, services, capital, and people in the common market

EU directive

shall be binding as to the result to be achieved on each member sate to which it is addressed but shall leave to the national authorities the choice of form and methods; require that members bring their laws into harmony with the standard states in the directive within a stated time period, most often three years; used in environmental, products liability, and employment arenas

EU regulation

shall have general application, shall be binding in its entirety and directly applicable in all member states; take effect immediately in the states and circumvent the need to pass legislation on the national level, many exist in the agricultural and competition law areas

acquis communautaire

the body of laws and regulations new members of the EU must accept before gaining admission; specific EU legislation, legal acts, and court decisions literally meaning that which has been agreed upon by the community