Sources, resources, significance, methods The EU law
Today Types (sources) of European law Main characteristics How to find them
European law In a broadersense: law of all European internationalorganisations, Europeanstates In a tightersense: law of the European Union
European Union law Primary law International agreements Secondary law Case-law of the Court Other documents
Primary law Written Treaties, protocols, declarations Unwritten General principles Fundamental rights
Written primary law Foundingtreaties Amendingtreaties Accessiontreaties Protocols, declarations
Founding treaties 1951 TreatyontheEuropean Coal and Steel Community–expiredin 2002 1957 TreatyontheEuropean Economic Community 1957 TreatyontheEuropean Atomic Energy Community 1992 TreatyontheEuropean Union
Treaty name changes 1957 TreatyontheEuropean Economic Community 1992 Treatyonthe European Community 2009 TreatyontheFunctioning of the European Union
Treatiesinforcein 2011 Treatyonthe European Union (TEU) Treatyonthefunctioning of the European Union (TFEU) TreatyontheEuropean Atomic Energy Community
Treaty articles re-numbered Amendments introduce new articles 23/A etc. Maastricht Treaty TEU articles with letters Amsterdam Treaty – re-numbered 249 (ex.189) Lisbon Treaty – re-numbers 288 [ex. 249 (ex. 189)]
Amending treaties 1965 Merger Treaty 1970 Treaty amending certain budgetary provisions 1975 Treaty amending certain financial provisions 1976 Act on the direct election of the European Parliament 1984 Greenland Treaty
Amending treaties 1986 Single European Act 1992 Treatyonthe European Union 1997 Treaty of Amsterdam 2000 Treaty of Nice 2009 Treaty of Lisbon
Accession treaties 1972 Denmark, Ireland, United Kingdom 1979 Greece 1985 Spain, Portugal 1994 Austria, Finland, Sweden 2003 Czech Republic, Slovakia, Slovenia, Hungary, Poland, Estonia, Latvia, Lithuania, Cyprus, Malta 2005 Bulgaria, Romania
Protocols, declarations Protocols Part of theTreaty, maynotderogatefromthebasicprovisions Declarations Of MemberStatesor IGC – notbinding
Adoption of written primary law Bymutualagreement of theMemberStates Signing a Treaty Ratification
AmendmentprocedureTEU Art. 48 - Ordinaryrevisionprocedure Member State, the European Parliament or the Commission may propose the amendment of the Treaties submitted to the European Council by the Council and the national Parliaments notified Convention representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. European Central Bank consulted recommendation No Convention representatives of the governments of the Member States determining by common accord the amendments enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.
AmendmentprocedureTEU Art. 48 - Simplifiedrevisionprocedures European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements. The decision referred to in the second subparagraph shall not increase the competences conferred on the Union in the Treaties Council to act by unanimity -> qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence. special legislative procedure -> ordinary legislative procedure. notified to the national Parliamentsact by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members
Unwritten primary law General principles Fundamentalrights Art 19 TEU: The Court of Justice of the European Union […] shall ensure that in the interpretation and application of the Treaties the law is observed.
General principles equal treatment prohibition to abuse the law unjust enrichment vis maior precautionary principle prevent risks prevent damage access to law access to documents
Fundamentalrights No mention in EEC Treaty Recognizedbythe European Court of Justice Treaty of European Union: shall respect fundamental rights Charter of Fundamental Rights of the European Union solemnly proclaimed in Nice has no force of law is addressed to union institutions, Member States when applying union law includedinthe 2nd part of theConstitutionalTreaty LisbonTreaty: the same legal value as the Treaties
Wide recognition of human rights Human dignity, right to life Protection of personal data Freedom of conscience, thought, religion, expression, information Non-discrimination, rights of the child Fair and just working conditions, prohibition of child labour Presumption of innocence, right to a fair hearing …
International law International agreements of theEuropean Union International agreements of MemberStateswiththirdcountries (non-membercountries) Otherrules of internationallaw Participation of the EU ininternationalorganizations MemberStates’ agreementswitheachother
Secondarylaw, Art.288-292 TEU Legislativeacts Delegatedacts Implementingacts To exercise the Union’s competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.
Regulation has general application binding in its entirety directly applicable in all Member States Directive binding, as to the result to be achieved for each Member State to which it is addressed but leaves to the national authorities the choice of form and methods Decision binding in its entirety Ifaddressed, bindingforthose to whom it is addressed Recommendations and opinions have no binding force
Delegatedacts legislative act may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act. The objectives, content, scope and duration of the delegation of power explicitly defined in the legislative acts. The essential elements of an area arereserved for the legislative act
Implementingacts Member States adopt all measures of national law necessary to implement legally binding Union acts. Ifuniform conditions for implementing legally binding Union acts are needed, these acts confer implementing powers on the Commission, oron the Council.
Court of Justice case-law formally: interpreting and applying other sources of law in reality: extending EUlegal order, developingEuropeanlaw
Otherdocuments Interinstitutionalagreements Action programme Resolution Declaration Communication …
PRIMARY LAW INTERNATIONAL LAW SECONDARY LAW CASE-LAW Legislativeacts Implementingacts Delegatedacts OTHER DOCUMENTS
Primacy EU lawtakesprecedence over anyconflictingnationallaw National courts and authoritieshavetointerpretnationallawinconformitywithEU law National courts and otherpublicbodies must setasidetheconflictingnationalprovisions MemberStateshavetonullifyunlawfulconsequences of a breach of EU law
Direct applicability regulations automatically form part of the highest provisions of a Member State legal system no need to transpose it
Directeffect (alsocalleddirectapplicability) someTreatyprovisions, articles of regulations, directives, internationalagreements conferrightsonindividuals enforcableatnationalcourts Notall, must be Clear and precise Unconditional Intendedtogivea specificright do not call for additional measures no discretion regarding implementation
INDEPENDENT DATABASES EUROPEAN NAVIGATOR http://www.ena.lu/ ARCHIVE OF EUROPEAN INTEGRATION http://aei.pitt.edu/
MootCourtcase The case of Mr. Eko
Find… relevant (important) factsinthecase lookatthequestions findtherulesreferencedinthem European lawrelatingtothesefacts
1st question Can an international sporting federation apply to a professional sportsman from Ghanaa rule according to which clubs must field in league and cup matches a minimum number of domestically trained players, even though this rule applies irrespective of nationality? Are the specific requirements imposed by the Vittoria F.A. to register certain professional football players compatible with the immigration policies relating to free of movement of persons in the EU?