Sources of EU Law


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  • Created on: 13-04-13 23:39
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  • Sources of Eu Law
    • Primary Legislation
      • Constitutive Treaties
        • 1952 - Treaty establishing the ECSC (Treaty of Paris)
        • 1957 -Treaty establishing the EEC and the Euratom (Treaty of Rome)
        • 1957 - The Convention on Certain Institutions Common to the European Communities, signed at the same time as the EEC and Euratom Treaties, providing for a single Parliamentary Assembly and a single European Court of Justice to serve all three communities.
        • 1965 - The Merger Treaty establishing a   1.       Single Council of Ministers. 2.       Single Commission for the three Communities.
        • 1970 & 1975 – The two Budgetary Treaties
        • 1999 - Treaty of Amsterdam (ToA)
        • 2003 - Treaty of Nice
        • 2009 - Treaty of Lisbon
        •  Note Worthy!!! The Amendment Procedure required for Primary Legislation to be made:   - is governed by Article 48 TEU - there are two amendment procedures 1. The Ordinary Revision Procedure:      - The initiative of a Treaty amendment which may increase or reduce Union competencies may come from   A Member State The European Parliament or The Commission It is then submitted to the Council which in turn submits it to the European Council and to the national Parliaments.  If the European Council adopts the decision   to examine the proposed amendment and after consulting the European Parliament and the Commission, the President of the European Council will then convene   a Convention consisting of: 1. Representatives of National Parliaments   2. Heads of States or Governments of Member States   3. The European Parliament 4.  The Commission Should it include a monetary aspect to the changes the European Central Bank is also consulted.   Additionally, the European Council may decide that the amendments are not extensive enough to need a Convention.   In both of these instances an IGC convened by the President of the Council decides on the adoption of the amendments.  Ratification then takes place by the   Member States in accordance with their respective constitutional requirements.   titled
        • 2. The Simplified Revision Procedure     - Only applicable to Part 3 of the TFEU - Union Policies and Internal Actions * The European Council may then adopt the amendment unanimously and ratification takes place by Member States according to their Constitutional requirements. * Article 48 provides for further simplified procedures in other areas * Article 49 describes the procedure to be followed when a new Member States join the EU: - Any European State may apply for admission if it is democratic and respects the values as contained in Article 2 TEU - Human Rights - Equality etc. * Since a Treaty of Accession must be ratified by contracting states, in accordance with their constitutional requirements: they must also accept the acquis communautaire. * Until the Treaty of Lisbon, there was no provision for a Member State to leave the EU.  Article 50 TEU now regulate that.  Any Member State  may withdraw from the EU 'in accordance with its own Constitutional requirements' * There are numerous Protocols annexed to the various Treaties as well as a large number of Declarations.  The Protocols have the same legal force as the  Treaties themselves, but the value of Declaration is mainly political unless they are unanimous and referred to in the Treaty itself.
      • Subsideary Conventions
        • Article 293 EC (now repealed) provided that Member states shall as far as necessary enter into negotiations with each other with a view of securing rights for the benefit of their nationals, including:     - The protection of rights of nationals of other Member States     - The abolition of double taxation      - The mutual recognition of companies and      - the retention of their legal personality if they move to another Member State     - The simplifications of formalities governing the recognition     - and enforcement of judgement and arbitration awards.
        • The Brussels Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters 1998 was concluded to attain on of the objectives of the original Treaty.
        • The Rome Convention on the law applicable to Contractual Obligations (1980) which like the Brussels Convention, jurisdiction to interpret its provisions.  When new Member States join the EU they are expected to become part of it.
        • Even if Conventions concluded between Member States do not fall with in the areas covered by the now defunct Article 293 EC, they might still qualify.  One such example is the Schengen Agreements which were not covered by Art. 293.A Protocol attached to the Treaty of Amsterdam provided that the Schengen as well as related agreements and rules adopted on the basis of the agreements were to be incorporated into the frame work of the EU.
        • Should a conflict exist, the Constitutive Treaties have superior status in the Union legal system.  In the event of a conflict between a subsidiary Convention and a Union act such as a regulation or directive which is directly derived from the Treaty, the Union act will prevail.
      • Acts by the Member States
        • Member States sometimes act outside the scope of the institutions, for example, during summit meetings of the European Council.  Before the existence of the European Council such decisions were made during the meetings of the Council of Ministers but were considered as acts of the Member States.  Such acts sometimes have legal force, but sometimes their legal effect is not clear as in the Luxembourg Compromise which was given legal force by the Treaty of Amsterdam and the Act on Direct Elections to the European Parliament
    • Secondary Legislation
      • Regulations
      • Directives
      • Decisions0
    • Other Sources
      • International Agreements
        • Also, in a number of cases the Court has held that existence of Union power to enter into International Agreements with a non-Member States in a certain area can preclude Member States from acting independently in that area.
        • Articles 2,3 and 4 TFEU lists the categories and areas of exclusive and shared competence of the EU.  Therefore the Member States no longer have the right, individually or collectively to adopt measures inconsistent with these Articles.
        • Union Law in the powers given by the Treaty can enter into International Agreements on behalf of it Member States.  This power is provided by Article 352 TFEU.  The powers are both expressed in the Treaty and implied by the Courts.
  • Acts by the Member States
    • Member States sometimes act outside the scope of the institutions, for example, during summit meetings of the European Council.  Before the existence of the European Council such decisions were made during the meetings of the Council of Ministers but were considered as acts of the Member States.  Such acts sometimes have legal force, but sometimes their legal effect is not clear as in the Luxembourg Compromise which was given legal force by the Treaty of Amsterdam and the Act on Direct Elections to the European Parliament

Comments

Beth Simmonds


FAB!

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