HIGH-BROWSE • Week 34

LEGAL NEWSLETTER

Every week, High-Browse will update you with the latest law updates and legal resources – including newly published legislation, case-laws, platform updates, opinion articles and much more… we hope this newsletter will enhance your legal research.

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High-Browse will feature a legal case with background information about the case, including citations, references and interpretations every week. All available on our Free Promotional Platform.

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What happens when a member state fails to comply or fulfill EU values

All European Union Member States are linked to respect the values, the Fundamental Rights and the principles provided in the Treaty of the European Union (TEU) and the Charter of Fundamental Rights.

 

More specifically, Article 2 of the TEU lays down the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including persons belonging to minorities. To ensure that these values are respected, Article 7 TEU provides for an EU mechanism to determine the existence of, and possible sanction, severe and persistent breaches of EU values by a Member State.

Our Case Summary Of The Week:

COMMISSION OF THE EUROPEAN COMMUNITIES V FEDERAL REPUBLIC OF GERMANY. Case 178-84

his historical case law made difficulties and rules for Member States to justify a restriction on free movement of goods under Article 36 of the TFEU. Now, a Member State that prohibits the marketing of a foodstuff containing additives has the burden of proving that the additive does not meet the risk and real need standard.

This case law also applied the principle of proportionality to give a response in the Judgement.

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