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Vocabulary Note:

Francovich liability – ответственность государства Евросоюза (установленная в деле Франкович против Италии): См. Francovich v Italy (1990) C-6/90, a decision of the European Court of Justice which established that European Union member states could be liable to pay compensation to individuals who suffered a loss by reason of the member state's failure to transpose a EU directive into national law. It is sometimes known as the principle of state liability in European Union law.

  1. 1.

A

transfer

B

transpose

C

transmit

D

transit

  1. 2.

A

breach

B

violation

C

distortion

D

infringement

  1. 3.

A

liable

B

guilty

C

obliged

D

accountable

  1. 4.

A

bound

B

responsible

C

accountable

D

liable

  1. 5.

A

obligation

B

responsibility

C

liability

D

duty

  1. 6.

A

judicature

B

judges

C

justices

D

judiciary

Exercise 5. Read the text and fill in the gaps with the required prepositions and verbal particles provided below. Then say whether the statements below are true, false or incomplete. Finally, say what you have learned about the sources of Union law.

Sources of union law

The Union legal order has its own sources, which consist not only ____ the European Treaties and the acts of the institutions issued ____ pursuance of the powers conferred _____ them (regulations, directives, decisions, agreements, etc.), but also of the rules relating ____ the application of this primary and secondary Union law. These rules comprise international law, ____ so far as applicable and the general principles of law such as equal treatment (nondiscrimination), proportionality, legal certainty, etc. including the fundamental rights. The latter play an important role, as the Court pointed ____: "respect ____ fundamental rights forms an integral part of the general principles of law protected ____ the Court of Justice", and "the protection of such rights must be ensured _____ the framework . . . and objectives of the [Union]". A reference ____ those fundamental rights is to be found in the Treaty on the European Union, which provides _________ others, that the: "Union recognises the rights, freedoms and principles set ____ in the Charter of the fundamental Rights of the European Union of 7 December 2000, as adopted ____ Strasburg on 12 December 2007, which shall have the same legal value as the Treaties."

The EU Treaty also provides that the Union shall accede ____ this European Convention. A Charter of fundamental rights of the European Union was "solemnly proclaimed" (whatever legal meaning that has) ____ the Parliament, the Council and the Commission ____ the end of the year 2000. It refers ____ the above-mentioned source of Union law ____ addition to the Social Charters adopted by the Union and the Council of Europe and the case law of the Court of Justice and of the European Court of Human Rights. According to the EU Treaty this Charter now has, "the same legal value as the Treaties."

Vocabulary Note:

to accede – присоединяться (к конвенции, международному договору и т.п.)

within; for; in (3); amongst; to (4); by (2); at (2); out (2); of; upon

  1. The sources of the Union legal order are rules relating to the application of primary and secondary Union law.

  2. The rules relating to the application of primary and secondary Union law exclude international law.

  3. The rules include the general principles of law, including the fundamental rights.

  4. The protection of fundamental rights must be ensured within the framework and objectives of the Union.

  5. The reference to the fundamental rights is to be found in the TFEU.

  6. The rights, freedoms and principles set out in the Charter of the fundamental Rights of the EU have the same legal significance as the treaties.

  7. The Charter of the fundamental Rights incorporates the case law of the Court of Justice of the European Union.

Exercise 6. Read the text. Use the words in the box on the right to form one word that fits in the gap. Say what the text is about.