EUROPEAN UNION LAW
W.B. Fisch Winter 2006
Assignment #7

[Ch. 4. JUDICIAL REVIEW OF COMMUNITY ACTS]

D. The Scope of Judicial Review

1. Lack of Competence

• Community vis-ä-vis MS:
• GERMANY V. PARLIAMENT AND COUNCIL, p. 156 (2000):
• what was the basis for challenging EC competence to enact the directive on tobacco advertising?
• why did the "internal market" justification fail?
• improper purpose?
• proportionality?
• cf. our Supreme Court's "means/ends" analysis!
• Netherlands v. Parliament and Council, n. 5 p. 160 (2001): how is it different from Tobacco Advertising?
• One Community institution vis-ä-vis others

2. Infringement of an Essential Procedural Safeguard

• What are the minimum requirements of a proper procedure for deciding challenges to institutional action?
• TRANSOCEAN MARINE PAINT ASS'N, p.. 162 (1974): basic procedural rights
• TU Muenchen, p. 165 (1991): scope of substantive review of Commission decisions - the "power of appraisal"
• specific procedural protections, pp. 166 - 170