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Encyclopedia > European Union law
European Union

This article is part of the series:
Politics and government of
the European Union
Image File history File links This is a lossless scalable vector image. ... The European Union or EU is a supranational and international organization of 27 member states. ...


Three pillars
I: European Community
II: Common Foreign and Security Policy
III: Police and Judicial Cooperation
Political institutions
Commission
President  (José Barroso)
Barroso Commission
Council of Ministers and European Council
Presidency  (Germany)
Parliament
President  (Hans-Gert Pöttering)
MEPs
Constituencies
Elections
2009 (EU–27)
2007 (Bulgaria and Romania)
2004 / by country (EU–25)
Political groups
Committees
Judiciary
Court of Justice
List of members
Court of First Instance
Civil Service Tribunal
Finance auditing
European Court of Auditors
Financial bodies
European Central Bank
European Investment Bank
European Investment Fund
Advisory bodies
Economic and Social Committee
Committee of the Regions
Decentralised bodies
Agencies of the EU
Law
Acquis communautaire
Procedure
Treaties
Regulations · Directives · Decisions
Recommendations · Opinions
EU-related topics
Economic and monetary union
Enlargement
Foreign relations
Pan-European political parties
Table of affiliated parties by country
Party affiliations on the Council

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European Union Portal

European Union law is the unique legal system which operates alongside the laws of Member States of the European Union (EU). EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in terms of economic and social policy. The EU is not a federal government, nor is it an intergovernmental organization. It constitutes a new legal order in international law[1] for the mutual social and economic benefit of the Member States. European Union law has become what it is today through gradual change over the past half century. When the Treaty of Paris was signed in 1952, there were just six Member States. As of 2007, there are around 500 million EU citizens in 27 Member States subject to EU law, making it one of the most encompassing modern legal systems in the world. The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ... The European Community (EC), more important of two European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... The Common Foreign and Security Policy, or CFSP, was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ... Police and Judicial Co-operation in Criminal Matters is the third of the three pillars of the European Union, focusing on co-operation in law enforcement and combating racism. ... The Commission seat in Brussels The European Commission (formally the Commission of the European Communities) is the executive body of the European Union. ... François-Xavier Ortoli, Romano Prodi, José Manuel Barroso and Jacques Delors The President of the European Commission is notionally the highest ranking unelected official within the European Union bureaucracy. ... José Manuel Duroso Barrão, GCC (pronounced: IPA,  ) (born in Lisbon, March 23, 1956) is a Portuguese politician and the 11th President of the European Commission. ... The Barroso Commission is the European Commission that has been in office since 22 November 2004 and is due to serve until 31 October 2009. ... The Justus Lipsius building, the headquarter of the EU Council in Brussels The Council of the European Union (German: Rat der Europäischen Union, French: Le Conseil de lUnion européenne), is a governing body that forms, along with the European Parliament, the legislative arm of the European Union... The European Council, informally called the European summit, is a meeting of the heads of state or government of the European Union, and the President of the European Commission. ... Presidency of the Council of the European Union refers to the responsibility of presiding over all aspects of the Council of the European Union, when exercised collectively by a government, on a pre-established rota of the member states, of the European Union. ... The European Parliament is the directly elected parliamentary body of the European Union. ... The President of the European Parliament oversees all the activities of the European Parliament and its constituent bodies. ... Prof. ... A Member of the European Parliament (English abbreviation MEP)[1] is a member of the European Unions directly-elected legislative body, the European Parliament. ... In five European Union Member States (Belgium, France, Ireland, Italy and the United Kingdom), the national territory is divided into a number of constituencies for European elections. ... Elections in the European Union gives information on election and election results in the European Union. ... Elections to the European Parliament will be held in June 2006 in the then–27 member states of the European Union, using varying election days according to local custom. ... In early 2007, Bulgaria and Romania will elect their members of the European Parliament for the first time. ... Elections to the European Parliament were held from June 10, 2004 to June 13, 2004 in the 25 member states of the European Union, using varying election days according to local custom. ... Political Groups in the European Parliament combine the MEPs from European political parties, informal European political blocs, and independents, into powerful coalitions. ... The Standing Committees of the European Parliament are designed to aid the European Commission in initiating legislation. ... European Court of Justice building, Luxembourg The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court of the European Union (EU). ... As of August 17, 2006: Categories: | | | ... The Court of First Instance, created in 1989, is a court of the European Union. ... European Union Civil Service Tribunal, since December 2, 2005 a new specialised tribunal within the European Union institutional framework. ... The European Court of Auditors is one of five institutions of the European Union. ... Headquarters Frankfurt, Germany Established 1 January 1998 President Jean-Claude Trichet Central Bank of Austria, Belgium, France, Finland, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain Currency Euro -ISO 4217 Code EUR Reserves >€4 billion Base borrowing rate 4. ... The European Investment Bank (the Banque Européenne dInvestissement) is the European Unions financing institution and was established under the Treaty of Rome (1957) to provide loan finance for capital investment furthering European Union policy objectives, in particular regional development, Trans-European Networks of transport, telecommunications and energy... The European Investment Fund, established in 1994, is a European Union agency for the provision of finance to SMEs (small and medium-sized enterprises). ... The European Unions Economic and Social Committee is the consultative assembly of European social and economic partners. This phrase refers mainly to representatives of business, employers and trade unions. ... The Committee of the Regions (CoR) is an institution of the European Union created by the Treaty of Maastricht. ... The agencies of the European Union (or decentralised bodies of the European Union) are bodies which are distinct from the European Unions institutions, in that they have not been created by the treaties but rather by acts of secondary legislation, in order to accomplish a very specific task. ... The French term acquis (or sometimes acquis communautaire) is used in European Union law to refer to the total body of EU law accumulated so far. ... The European Union legislative procedure describes the way the European Union creates and enacts legislation across the community. ... The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... A European Union decision (defined in Article 249/EC) is one of the three binding instruments provide by secondary EU legislation. ... In European Union Law a recommendation Differs from regulations, directives and decisions, in that they are not binding for Member States. ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... // Origins of the EU History of the European Union European Coal and Steel Community (ECSC) Euratom Single market. ... In economics, a monetary union is a situation where several countries have agreed to share a single currency among them. ... The European Union (EU) was created by six founding states in 1957 (following the earlier establishment by the same six states of the European Coal and Steel Community in 1952) and has grown to 27 member states. ... Foreign relations of the European Union Foreign relations of Austria Foreign relations of Belgium Foreign relations of Cyprus Foreign relations of the Czech Republic Foreign relations of Denmark Foreign relations of Estonia Foreign relations of Finland Foreign relations of France Foreign relations of Germany Foreign relations of Greece Foreign relations... A European political party, formally a political party at European level, sometimes informally (especially in academic circles) a Europarty, is a type of political party organization operating transnationally in Europe. ... The majority of major political parties in Europe have aligned themselves into the pan-European political organisations listed below. ... The member-states of the European Union by the European party affiliations of their leaders, as of April, 2006. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... Image File history File links European_flag. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ...


EU law has what is known as a three pillar structure. The first, oldest and most important 'pillar' deals with law concerning economic and social rights and how European institutions are set up. This is found in the Treaty of the European Communities, signed in Rome 1957 and subsequently amended by other Treaties concluded between the Member States. The second and third pillars were established under the Treaty of the European Union, signed in Maastricht 1992. The second pillar concerns the European Union Common Foreign and Security Policy (CFSP). The third pillar concerns Police and Judicial Co-operation in Criminal Matters (formerly 'Justice and Home Affairs'). Technically speaking, "EC law" denotes anything to do with the first pillar and "EU law" denotes the law regarding all three pillars. The Common Foreign and Security Policy, or CFSP, was established as the second of the three pillars of the European Union in the Maastricht treaty of 1992, and further defined and broadened in the Amsterdam Treaty of 1997. ... Police and Judicial Co-operation in Criminal Matters is the third of the three pillars of the European Union, focusing on co-operation in law enforcement and combating racism. ...

Contents

History and development

Initially, the Consultation procedure was the primary interplay of the institutions. Under it, Council must wait (unless it initiates an emergency procedure) for the EP’s opinion before adopting the legislation. This possibility for delay was in the early days the EP’s only weapon.


The role of the European Parliament in this institutional triangle has been gradually strengthened. Major landmarks in this gradual strengthening process have been

The development of law of the European Community has been largely moulded by the European Court of Justice (ECJ). In the landmark case of Van Gend en Loos in 1963, the ECJ ruled that the European Community, through the will of Member States expressed in the Treaty of Rome, "constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights albeit within limited fields." The Cooperation procedure was one of the legislative procedures of the European Community, the 1st of the three pillars of the European Union. ... The Single European Act (SEA) was the first major revision of the Treaty of Rome. ... The Maastricht Treaty (formally, the Treaty of European Union, TEU) was signed on February 7, 1992 in Maastricht, Netherlands after final negotiations in December 1991 between the members of the European Community and entered into force on November 1, 1993 during the Delors Commission. ... The Amsterdam Treaty (in full: Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts) which was signed on October 2, 1997, and entered into force on May 1, 1999, made substantial changes to the Treaty on European Union which... Treaty of Nice The Treaty of Nice is a treaty adopted in Nice by the European Council to amend the two founding treaties of the European Union: the Treaty on European Union, or Maastricht Treaty, which introduced the Euro and the 3-pillar structure of the EU; the Treaty of...


The distinction between European Community (EC) law and European Union law is that based on the Treaty structure of the European Union. The European Community constitutes one of the 'three pillars' of the European Union and concerns the social and economic foundations of the single market. The second and the third pillars were created by the Treaty of the European Union (the Maastricht Treaty) and involve Common Security and Defence Policy and Internal Security. Decision-making under the second and third pillars is not subject to majority voting at present. The Maastricht Treaty created the Justice and Home Affairs pillar as the third pillar. Subsequently, the Treaty of Amsterdam transferred the areas of illegal immigration, visas, asylum, and judicial co-operation to the European Community (the first pillar). Now Police and Judicial Co-operation in Criminal Matters is the third pillar. Justice and Home Affairs now refers both to the fields that have been transferred to the EC and the third pillar. The Treaty of Maastricht which established the European Union, divided EU policies into three main areas, called pillars. ...


Several principles such as subsidiarity, proportionality, the principle of conferral, and the precautionary principle have become prominent in the development of European Union law. Scholars such as Catherine Barnard argue that the Four Freedoms form the substantive law of the EU: free movement of goods, services, capital, and labour within the internal market of the EU. Subsidiarity is the idea that matters should be handled by the smallest (or, the lowest) competent authority. ... This article is about proportionality, the political maxim. ... The principle of conferral is a fundamental principle of European Union law. ... The precautionary principle is a moral and political principle which states that if an action or policy might cause severe or irreversible harm to the public, in the absence of a scientific consensus that harm would not ensue, the burden of proof falls on those who would advocate taking the... In European Union law, the Four Freedoms (sometimes the Four Liberties) are the free movement of goods, services, capital, and labour within the internal market of the European Union. ... Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. ... A good or commodity in economics is any object or service that increases utility, directly or indirectly, not be confused with good in a moral or ethical sense (see Utilitarianism and consequentialist ethical theory). ... Wikibooks has more about this subject: Marketing In economics and marketing, a service is the non-material equivalent of a good. ... This article is about a city that serves as a center of government and politics. ... In classical economics and all micro-economics labour is a measure of the work done by human beings and is one of three factors of production, the others being land and capital. ... A single market is a customs union with common policies on product regulation, and freedom of movement of all the four factors of production (land, enterprise, capital and labour). ...


In April 2007 the European Parliament will vote on the first piece of European criminal law. The law is regarding anti-piracy measures and could include punishment such as imprisonment.[2] This article or section needs additional references or sources to improve its verifiability. ... 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the CE era. ... The European Parliament is the directly elected parliamentary body of the European Union. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The flag of 18th-century pirate Calico Jack Piracy is robbery committed at sea, or sometimes on the shore, by an agent without a commission from a sovereign nation. ... A prison is a place in which people are confined and deprived of a range of liberties. ...


Sources of EU law

There are three types of Union law:

The whole body of EU law is together called the acquis communautaire, broken into 31 chapters for purposes of accession negotiations. The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... A European Union decision (defined in Article 249/EC) is one of the three binding instruments provide by secondary EU legislation. ... In European Union Law a recommendation Differs from regulations, directives and decisions, in that they are not binding for Member States. ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... European Court of Justice building, Luxembourg The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court of the European Union (EU). ... The Court of First Instance, created in 1989, is a court of the European Union. ... The French term acquis (or sometimes acquis communautaire) is used in European Union law to refer to the total body of EU law accumulated so far. ...


Treaties

The primary legislation, or treaties, are effectively the constitutional law of the European Union. They are created by governments from all EU Member States acting by consensus. They lay down the basic policies of the Union, establish its institutional structure, legislative procedures, and the powers of the Union. The Treaties that make up the primary legislation include: The treaties of the European Union are effectively its constitutional law, making up the EUs primary legislation. ...

  • the ECSC Treaty of 1951 (Treaty of Paris)
  • the EEC Treaty of 1957 (Treaty of Rome)
  • the EURATOM Treaty of 1957 (Treaty of Rome)
  • the Merger Treaty of 1965
  • the Acts of Accession of the United Kingdom, Ireland and Denmark (1972)
  • the Budgetary Treaty of 1970
  • the Budgetary Treaty of 1975
  • the Act of Accession of Greece (1979)

The various annexes and protocols attached to these Treaties are also considered a source of primary legislation. The heads of State and government of the member states of European Union signed a constitution in 2004, but it has not yet been ratified by the Member States and as of March 2007 it was unclear if it would be ratified. The European Coal and Steel Community (ECSC) was founded in 1951 (Treaty of Paris), by France, West Germany, Italy, Belgium, Luxembourg and the Netherlands to pool the steel and coal resources of its member-states, thus preventing another European war. ... The Treaty of Paris, signed on April 18, 1951 between Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands established the European Coal and Steel Community (ECSC), which subsequently became part of the European Union. ... Possible meanings: European Economic Community, the former name of the European Community European Energy Community Extended Error Correction, see RAM parity Energy Efficiency Centre Energy Efficiency in Construction Engineering Education Centre Eurocontrol Experimental Centre European Egg Consortium Ford Electronic Engine Control Eurasian Economic Community English Electric Computers English Electric Company... The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ... The European Atomic Energy Community, or EURATOM, is an international organisation composed of the members of the European Union. ... The Merger Treaty, signed in Brussels on 8 April 1965 and in force since 1 July 1967, first gathered together the organizational structures of the then three European Communities (European Coal and Steel Community, European Economic Community and Euratom). ... The Single European Act (SEA) was the first major revision of the Treaty of Rome. ... The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. ... The Amsterdam Treaty (in full: Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts) which was signed on October 2, 1997, and entered into force on May 1, 1999, made substantial changes to the Treaty on European Union which... Treaty of Nice The Treaty of Nice is a treaty adopted in Nice by the European Council to amend the two founding treaties of the European Union: the Treaty on European Union, or Maastricht Treaty, which introduced the Euro and the 3-pillar structure of the EU; the Treaty of... The Treaty of Accession 2003 was the agreement between the European Union and ten countries (Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia), concerning these countries accession into the EU. At the same time it changed a number of points which were originally laid down in the... European Union 2007  Member states The Treaty of Accession 2005 is an agreement between the member states of European Union and Bulgaria and Romania. ... It has been suggested that this article or section be merged into European Union. ...


Institutional acts

The European Parliament, the Commission and the Council of Ministers are empowered by the Treaties to legislate on all matters within the EU's competence.[3] Examples of this secondary legislation are regulations, directives, decisions, recommendations and opinions. Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by ministers under powers given to them by parliamentary acts (primary legislation) in order to implement and administer the requirements of the acts. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... A European Union decision (defined in Article 249/EC) is one of the three binding instruments provide by secondary EU legislation. ... In European Union Law a recommendation Differs from regulations, directives and decisions, in that they are not binding for Member States. ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...


Secondary legislation also includes inter-institutional agreements, which are agreements made between European Union institutions clarifying their respective powers, especially in budgetary matters. The Parliament, Commission and Council are capable of entering into such agreements. The European Parliament is the directly elected parliamentary body of the European Union. ... The Commission seat in Brussels The European Commission (formally the Commission of the European Communities) is the executive body of the European Union. ... The Justus Lipsius building, the headquarter of the EU Council in Brussels The Council of the European Union (German: Rat der Europäischen Union, French: Le Conseil de lUnion européenne), is a governing body that forms, along with the European Parliament, the legislative arm of the European Union...


The classification of legislative acts varies among the First, Second and Third Pillars. In the case of the first pillar: Secondary legislation is classified based on to whom it is directed, and how it is to be implemented. Regulations and directives bind everyone, while decisions only affect the parties to whom they are addressed (which can be individuals, corporations, or member states). Regulations have direct effect, i.e. they are binding in and of themselves as part of national law, while directives require implementation by national legislation to be effective. However, states that fail or refuse to implement directives as part of national law can be fined by the European Court of Justice.


Directives and regulations can comprise of a mixture of maximum harmonisation and minimum harmonisation clauses, and can be enforced on either a home state or a host state basis. All EU legislation must be based on a specific Treaty article, which is referred to as the "legal basis" of the legislation. Maximum harmonisation is a term used in European Union law. ... Minimum harmonisation is a term used in European Union law. ... Home state regulation is a term used in European Community law relating to the cross border selling or marketing of goods and services. ... Host state regulation is a term used in European Community law relating to the cross border selling or marketing of goods and services. ...


The European Constitution would have codified EU law and reduced secondary legislation to six clear types: EU laws, EU framework laws, decisions, regulations, recommendations and opinions. The Treaty establishing a Constitution for Europe, commonly referred to as the European Constitution, is an international treaty intended to create a constitution for the European Union. ... The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... ... Look up decision in Wiktionary, the free dictionary. ... In European Union Law a recommendation Differs from regulations, directives and decisions, in that they are not binding for Member States. ... This article does not adequately cite its references or sources. ...


Case law

The European Court of Justice (ECJ or Court) and the Court of First Instance (CFI) are empowered to define and interpret primary and secondary legislation, and to "ensure that in the interpretation and application of this Treaty the law is observed".[4] The Court's jurisprudence forms a substantive body of law, which binds EU institutions and member states. Since the Maastricht Treaty, the Court has been empowered to impose pecuniary penalties on Member States who disobey.[5] The Court has been instrumental in shaping law in the EU, and its approach is generally described as purposive or teleological[6] European Court of Justice building, Luxembourg The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court of the European Union (EU). ... The Court of First Instance, created in 1989, is a court of the European Union. ...


Legislative procedures

There are three main legislative procedures[2] in the European Union, with the main difference between them being how the European Parliament interacts with the Council of the European Union. The European Union legislative procedure describes the way the European Union creates and enacts legislation across the community. ...

The codecision procedure is the main legislative procedure by which law can be adopted in the European Community, the first of the three pillars of the European Union. ... The assent procedure is one of the legislative procedures of the European Community, the 1st of the Three pillars of the European Union. ... The Consultation procedure is one of the legislative procedures of the European Community, the 1st of the three pillars of the European Union. ...

Precedence

It has been ruled several times by the European Court of Justice that EU law is superior to national laws, and even Member States' constitutions. Where a conflict arises between EU law and the law of a Member State, EU law takes precedence, so that the law of a Member State must be disapplied. This doctrine, known as the supremacy of EU law, emerged from the European Court of Justice in Costa v. ENEL.[7] Mr Costa was an Italian citizen opposed to nationalising the Italian energy company ENEL, because he had shares in it. He refused to pay his electricity bill in protest, and argued that nationalisation infringed EC law on the State distorting the market.[8] The Italian government believed that this was not even an issue that could be complained about by a private individual, since it was a national law decision to make. The Court ruled in favour of the government, because the relevant Treaty rule on an undistorted market was one on which the Commission alone could challenge the Italian government. As an individual, Mr Costa had no standing to challenge the decision, because that Treaty provision had no direct effect.[9] But on the logically prior issue of Mr Costa's ability to raise a point of EC law against a national government in legal proceeding before the courts in that Member State the ECJ disagreed with the Italian government. It ruled that EC law would not be effective if Mr Costa could not challenge national law on the basis of its alleged incompatibility with EC law. European Court of Justice building, Luxembourg The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court of the European Union (EU). ... European Court of Justice building, Luxembourg The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court of the European Union (EU). ...

It follows from all these observations that the law stemming from the treaty, an independent source of law, could not, because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as community law and without the legal basis of the community itself being called into question.[10]

However, while Community law is accepted as taking precedence to the law of Member States, not all Member States share the analysis used by the European institutions about why EU law overrides national law, when a conflict appears.[11]


Many countries' highest courts have stated that Community law takes precedence provided that it continues to respect fundamental constitutional principles of the Member State, the ultimate judge of which will be the Member State (more exactly, the court of that Member State), rather than the European Union institutions themselves[12] This reflects the idea that Member States remain the "Master of the Treaties", and the basis for EU law's effect. In other cases, countries write the precedence of Community law into their constitutions. For example, the Constitution of Ireland contains a clause that, '"No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities..." The Constitution of Ireland is the founding legal document of the state known today as the Republic of Ireland. ...


Direct effect

Main article: Direct effect

EU law covers a broad range which is comparable to that of the legal systems of the Member States themselves.[13] Both the provisions of the Treaties, and EU regulations are said to have "direct effect" horizontally. This means private citizens can rely on the rights granted to them (and the duties created for them) against one another. For instance, an air hostess could sue her airline employer for sexual discrimination.[14] The other main legal instrument of the EU, "directives", have direct effect, but only "vertically". Private citizens may not sue one another on the basis of an EU directive, since these are addressed to the Member States. Directives allow some choice for Member States in the way they translate (or 'transpose') a directive into national law - usually this is done by passing one or more legislative acts, such as an Act of Parliament or statutory instrument in the UK. Once this has happened citizens may rely on the law that has been implemented. They may only sue the government "vertically" for failing to implement a directive correctly. An example of a directive is the Product liability Directive,[15] which makes companies liable for dangerous and defective products that harm consumers. Direct effect is a principle of European Union Law stating that European regulations have a direct effect on EU citizens and on the laws of the member states. ... Direct effect is a principle of European Union Law stating that European regulations have a direct effect on EU citizens and on the laws of the member states. ... An Act of Parliament or Act is law enacted by the parliament (see legislation). ... Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ...


References

  1. ^ Case 26/62 Van Gend en Loos v. Nederlanse Administratie der Belastingen
  2. ^ EPs to vote on historic anti-piracy law euobserver.com
  3. ^ see Art.2 TEC; "The Community shall have as its task, by establishing a common market and an economic and monetary union and by implementing common policies or activities..."[1]
  4. ^ Art. 220 TEC
  5. ^ see Art. 228 TEC
  6. ^ Craig and de Burca (2003) p.98
  7. ^ Case 6/64, Falminio Costa v. ENEL [1964] ECR 585, 593
  8. ^ now found in Art. 86 and Art. 87
  9. ^ "But this obligation does not give individuals the right to allege, within the framework of community law... either failure by the state concerned to fulfil any of its obligations or breach of duty on the part of the commission."
  10. ^ Case 6/64, Falminio Costa v. ENEL [1964] ECR 585, 593
  11. ^ in the U.K. see, Factortame Ltd. v Secretary of State for Transport (No. 2) [1991] 1 AC 603; in Germany see Solange II (Re Wuensche Handelsgesellschaft, BVerfG decision of 22 October 1986 [1987] 3 CMLR 225,265); in Italy see Frontini v. Ministero delle Finanze [1974] 2 CMLR 372; in France see, Raoul George Nicolo [1990] 1 CMLR 173
  12. ^ see especially, Solange II (Re Wuensche Handelsgesellschaft, BVerfG decision of 22 October 1986 [1987] 3 CMLR 225,265)
  13. ^ see Article 3 TEU for a list
  14. ^ under Art. 141 TEC, C-43/75 Defrenne v. Sabena [1976] ECR 455
  15. ^ 85/374/EEC

The Factortame case was a landmark constitutional case in the United Kingdom, which confirmed the primacy of European Union law over English law. ...

Further reading

  • Paul Craig and Grainne De Burca, EU Law, Text, Cases and Materials, 3rd ed., (Oxford University Press 2003) ISBN 0198765096

Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... This article or section does not adequately cite its references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links Scale_of_justice. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... This article is in need of attention. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... This does not adequately cite its references or sources. ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... It has been suggested that this article or section be merged with antitrust. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or continental law is the predominant system of law in the world. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... Socialist law is the official name of the legal system used in Communist states. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article is about law in society. ... ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... Law and economics, or Economic analysis of law, is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... An approach to law stressing the actual social effects of legal institutions, doctrines, and practices and vice versa. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ... The Politics series Politics Portal This box:      Bureaucracy is a concept in sociology and political science referring to the way that the administrative execution and enforcement of legal rules are socially organized. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...

See also

European Union Portal

Image File history File links European_flag. ... The Council Regulation on the Statute for a European Company of the European Union (adopted October 8, 2001; OJ L 294, 10 November 2001, pp. ... The Community Patent, also known as the European Community Patent or EC patent, is a patent law measure being debated within the European Union, which would allow individuals and companies to obtain a unitary patent throughout the European Union. ... The legal term Corpus Juris means body of law. It was originally used by the Romans for several of their collections of all the laws in a certain field. ... The French term acquis (or sometimes acquis communautaire) is used in European Union law to refer to the total body of EU law accumulated so far. ... Competition law is one of the areas of authority of the European Union. ... Direct effect is a principle of European Union Law stating that European regulations have a direct effect on EU citizens and on the laws of the member states. ... Indirect effect is a principle of European Union Law which compels national courts to, wherever possible, interpret national legislation in accordance with the aims of a directive. ... Incidental effect is a concept in European Union Law that links the indirect effect of EU directives to suits against individuals. ... The Charter of Fundamental Rights of the European Union is a document containing human rights provisions, solemnly proclaimed by the European Parliament, the Council of the European Union, and the European Commission in December 2000. ... The full title of this directive is Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data. ... Gold plating is a method of depositing a thin layer of gold on the surface of other metal, most often copper or silver, by chemical or electrochemical means. ... Maximum harmonisation is a term used in European Union law. ... Minimum harmonisation is a term used in European Union law. ... Home state regulation is a term used in European Community law relating to the cross border selling or marketing of goods and services. ... Host state regulation is a term used in European Community law relating to the cross border selling or marketing of goods and services. ... In European Union law, the Four Freedoms (sometimes the Four Liberties) are the free movement of goods, services, capital, and labour within the internal market of the European Union. ... EUR-Lex is a service on the official website of the European Union. ... EudraLex is the collection of rules and regulations governing medicinal products in the European Union. ...

External links


  Results from FactBites:
 
European Union law - Wikipedia, the free encyclopedia (939 words)
The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states.
The European Community constitutes one of the 'three pillars' of the European Union and concerns the social and economic foundations of the single market.
It should be noted that the European Union recently drafted a constitution that must be ratified by the 25 member states before entering into force.
European Union Law - definition of European Union Law in Encyclopedia (636 words)
The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states.
In contrast to nations such as the United States, European nations subscribe to the principle that international law adopted by a nation overrides national law, and hence it is the case European Union law overrides the national laws of its member states.
The European Community constitutes one of the 'three pillars' of the European Union.
  More results at FactBites »

 
 

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