欧洲联盟法经典案例课程（双语）FurtherReading:1. J. H. H. Weiler, Reapprasing Subsidiarity' s Significance after Amsterdam, Harvard JeanMonnetWorkingPaper7/99.2.Wouter P.J.Wils, Subsidiarity and EC Environmental Policy:Taking People's ConcernsSeriously,Journal of Environmental Law,Vol.6No1,pp85-9115
欧洲联盟法经典案例课程（双语） 15 Further Reading: 1. J. H. H. Weiler, Reapprasing Subsidiarity' s Significance after Amsterdam, Harvard Jean Monnet Working Paper 7/99. 2. Wouter P. J. Wils, Subsidiarity and EC Environmental Policy: Taking People's Concerns Seriously, Journal of Environmental Law, Vol. 6 No 1，pp 85-91
国际法学院专业课程教学大纲ChapterSixPrincipleofProportionality本章教学目的和基本要求：本章的教学目的是使学生了解和掌握欧共体/欧盟与成员国权限划分的基本原则一一相称性原则（principleof proportionality），这是判断欧盟在默示权能领域内采取欧盟层面行动是否正当合法的依据。本章以Case302/86:Commissionv.Denmark(DanishBottles)为例，并结合Germanyv.Parliament&Council案，介绍相称性原则。本章还通过这些案例的分析，介绍欧洲联盟法中以货物自由流动为代表的经济法律制度。学时分配：8学时。Case No.1Danish Bottles CaseI. Basic information of the case1. the partiesApplicant: Commission of the European Communities,Defendant:KingdomofDenmark2.source:Case302/86:Commissionv.Denmark(DanishBottles)[1988]ECR46073. articles related:(l)TheProhibitionof QuantitativeRestrictionsand allMeasureshavingEquivalentEffect (Art.30ofEECTreaty)THEECTREATYArticle28(ex30Quantitative restrictions on imports and all measures having equivalent effect shall beprohibited between Member States.(2)Guardianship of theEC TreatyTHEECTREATYArticle226(ex169)IftheCommissionconsidersthata Member Statehasfailedtofulfil anobligationundertheTreaty,it shall deliverareasoned opinion onthematter aftergivingthe Stateconcerned theopportunity to submit its observations.If the State concerned does not comply with the opinion within the time laid down by theCommission,thelattermaybringthematterbeforetheCourt of Justice4.keywords:Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Marketingof products-Disparitybetween national laws-Obstaclesto intra-Communitytrade-Necessitywithregard tothemandatoryrequirements of Community law-Protectionof the environment16
国际法学院专业课程教学大纲 16 Chapter Six Principle of Proportionality 本章教学目的和基本要求： 本章的教学目的是使学生了解和掌握欧共体/欧盟与成员国权限划分的基本原则——相称性原 则（principle of proportionality），这是判断欧盟在默示权能领域内采取欧盟层面行动是否正当合法 的依据。 本章以Case 302/86: Commission v. Denmark (Danish Bottles)为例，并结合Germany v. Parliament & Council案，介绍相称性原则。本章还通过这些案例的分析，介绍欧洲联盟法中以货物自由流动 为代表的经济法律制度。 学时分配：8 学时。 Case No.1 Danish Bottles Case I. Basic information of the case 1. the parties Applicant: Commission of the European Communities, Defendant: Kingdom of Denmark 2. source: Case 302/86: Commission v. Denmark (Danish Bottles) [1988] ECR 4607 3. articles related: (1) The Prohibition of Quantitative Restrictions and all Measures having Equivalent Effect (Art . 30 of EEC Treaty) THE EC TREATY Article 28 (ex 30) Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. (2) Guardianship of the EC Treaty THE EC TREATY Article 226 (ex 169) If the Commission considers that a Member State has failed to fulfil an obligation under the Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the time laid down by the Commission, the latter may bring the matter before the Court of Justice. 4. keywords: Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Marketing of products - Disparity between national laws - Obstacles to intra-Community trade - Necessity with regard to the mandatory requirements of Community law - Protection of the environment
欧洲联盟法经典案例课程（双语）5. holding and key findings(1)..obstaclesto free movement within the Community resulting from disparities between thenational lawsmustbeacceptedin sofar as suchrules,applicableto domesticand importedproductswithout distinction, may be recognized as being necessary in order to satisfy mandatory requirementsrecognized byCommunitylaw.Suchrulesmustalsobeproportionateto theaim in view.If a MemberState has a choice between various measures for achieving the same aim, it should choose the meanswhich least restricts the free movement of goods.(2)..theprotectionof theenvironment is‘oneof theCommunity'sessential objectives,which mayas such justifycertainlimitations oftheprincipleofthefreemovementofgoods(3)...the protection of the environment is a mandatory requirement whichmay limit the applicationof Article 30 of the Treaty.(4) ...it must be observed that this requirement is an indispensable element of a system intended toensure the re-use of containers...the restrictions which it imposes on the free movement of goods cannotbe regarded as disproportionate.(5)...a restriction of the quantity of products which may be marketed by importers (by Order No.95of16March 1984) is disproportionate to the objective pursued...by restricting,the quantity of beer andsoft drinks which maybe marketed by a single producer in non-approved containers, theKingdom ofDenmark has failed, as regards imports of those products from other Member States, to fulfil itsobligations under Article 30 of the EEC Treaty.II. analysis of the case1. free movement of goods(1) legal basis(2)significanceand objectives2. The principle of proportionalitythreeaspectsofprincipleofproportionality,suitability,necessity,proportionality stricto sensuIII. Related Legal Issues1.balance of free trade and environment protection in European Community2. judicial remedies and judicial reviewthreetypesofprovisions onremedies and judicial reviews(1) the lawsuit against the member state(s ), according to Article 169 &170 of the EEC (Article 226&227of theEC treaty),(2)the lawsuit against the institution(s)ofthe Communities, according to Article173、175、184、178and215oftheEEC(Article230、232、241、235&288oftheECtreaty(3) preliminary ruling procedure, according to Article177 of the EEC(Article 234 of EC treaty ).17
欧洲联盟法经典案例课程（双语） 17 5. holding and key findings (1) .obstacles to free movement within the Community resulting from disparities between the national laws must be accepted in so far as such rules, applicable to domestic and imported products without distinction, may be recognized as being necessary in order to satisfy mandatory requirements recognized by Community law. Such rules must also be proportionate to the aim in view. If a Member State has a choice between various measures for achieving the same aim, it should choose the means which least restricts the free movement of goods. (2) .the protection of the environment is ‘one of the Community’s essential objectives’, which may as such justify certain limitations of the principle of the free movement of goods. (3) .the protection of the environment is a mandatory requirement which may limit the application of Article 30 of the Treaty. (4) .it must be observed that this requirement is an indispensable element of a system intended to ensure the re-use of containers.the restrictions which it imposes on the free movement of goods cannot be regarded as disproportionate. (5).a restriction of the quantity of products which may be marketed by importers (by Order No. 95 of 16 March 1984) is disproportionate to the objective pursued. . by restricting, the quantity of beer and soft drinks which may be marketed by a single producer in non-approved containers, the Kingdom of Denmark has failed, as regards imports of those products from other Member States, to fulfil its obligations under Article 30 of the EEC Treaty. II. analysis of the case 1. free movement of goods (1) legal basis (2) significance and objectives 2. The principle of proportionality three aspects of principle of proportionality, suitability; necessity; proportionality stricto sensu. III. Related Legal Issues 1. balance of free trade and environment protection in European Community 2. judicial remedies and judicial review three types of provisions on remedies and judicial reviews (1) the lawsuit against the member state(s ), according to Article 169 &170 of the EEC (Article 226 &227 of the EC treaty); (2) the lawsuit against the institution(s) of the Communities, according to Article 173、175、184、178 and 215 of the EEC (Article 230、232、241、235 &288 of the EC treaty; (3) preliminary ruling procedure, according to Article177 of the EEC(Article 234 of EC treaty )
国际法学院专业课程教学大纲Endof ChapterAssessmentQuestion1.Explain what the principle of proportionality means in a general sense.2.Explain what the principle means in the context of Community law.3.InwhichTreatyArticleisitfound?FurtherReading:1.Steiner, J.and L.Woods, Textbook on EC law, 8th edition, Oxford University Press, 20032. Weatherill, S.Cases and Materials on EU Law, 6th edition, Oxford University Press, 20033.Tillotson,J.&Foster,N.,European Union Law:Text, Cases and Materials, 4th edition, Cavendishpress, 2003.18
国际法学院专业课程教学大纲 18 End of Chapter Assessment Question 1. Explain what the principle of proportionality means in a general sense. 2. Explain what the principle means in the context of Community law. 3. In which Treaty Article is it found? Further Reading: 1．Steiner, J. and L. Woods, Textbook on EC law, 8th edition, Oxford University Press, 2003. 2. Weatherill, S. Cases and Materials on EU Law, 6th edition, Oxford University Press, 2003. 3．Tillotson, J. & Foster, N., European Union Law: Text, Cases and Materials, 4th edition, Cavendish press, 2003
《杰赛普国际法模拟法庭课》教学大纲
《杰赛普国际法模拟法庭课》 教学大纲