International law & European law samenvatting - Business studies jaar 3
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Course
Internationaal And European Law (OE32B)
Institution
Hogeschool InHolland (InHolland)
Book
Introduction to International Commercial and European Law
English summary of the book Introduction to International Commercial And European Law.
ISBN: 9789462512559
This summary has been used for the subject International & European law at Inholland University of Applied Sciences.
samenvatting introduction to international commercial and European law H1 t/m 7
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Hogeschool InHolland (InHolland)
Business Studies
Internationaal And European Law (OE32B)
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International & European law OE32B
Les 1
International economic cooperation: WHY?
• To ease international trade
• More competition, lower prices, higher quality
• More income for all, prosperity
• To be more competitive in the world trade
Internal (or common) market: free movement of goods, services, persons & capital.
Economic & Monetary Union:
Internal market
Single currency
Central Bank
One single economic policy
Sovereignty is the power to create binding laws, execute them and to have a binding justice
system of Courts and verdicts.
• Intergovernmental organization: organization between memberstates without any
real sovereignty ( United Nations)
• Supernational organization: organization above the memberstates that does have
real sovereignty ( EU)
• Non-governmental organizations: founded by private initiative ( Greenpeace, War
Child, WWF……..)
The European Union is an internal market, organized as a supernational organization
Sovereignty means:
- Creating laws = Legislation
- Executing laws = making sure everybody follows the rules
- System of binding Courts and verdicts: independent Courts (judges) create verdicts
4 Most important EU-institutions:
1. European Council: consists of the heads of government of all memberstates,
chairman of the European Commission, President of the Council of Ministers.
2. Council of Ministers (or the Council of the EU): consists of ministers of the
memberstates. The European Parliament and the Council of Ministers together
represent the legislative power.
3. European Commission: 28 Commissioners, each representing a certain subject
( Agriculture, Finance, Environment and so on). The Commission is the Executive
power and the institution that creates all proposals for new EU-law.
4. European Parliament: part of the legislative power and has (some) control over the
Commission.
751 members are chosen directly. Each memberstate has an certain number of seats,
depending on the number of inhabitants.
, Legislative process : “ co-decision”
Proposal by the Commission
↓ ↓
European Parliament ↔ Council of Ministers
↓
Regulation or Directive
5. European Court of Justice:
- Court of First Instance ( General Court)
- Court of Justice
Most important procedures:
Art 258/259 TFEU: a memberstate does not act within the rules of EU-law.
Commission xx Memberstate ( EC xx Ireland on the tax benefits to Apple) or
Memberstate xx Memberstate
Netherlands xx Germany on the German
Protectionisme – Het bevoordelen van je eigen bedrijven/mensen. Voorrang geven
Art 263 TFEU: procedure to cancel a decision of a European Institution, a so called “
annulment”
Member/EU-Parliament/Council of Ministers/Commission
xx
European Institution
A civilian or organization (company) can only go to the ECJ if the decision by a European
Institution has directly effected them
The damage to for instance a company must be the result of a decision directed to this
particular company (such as fines) and NOT the result of a EU-law that represents a general
rule: Milk quota or Fishing quota
Je kan geen beroep leggen op regels maar wel op de gestelde boetes/regels die jou speciaal
worden opgelegd!
Art 267 TFEU : Preliminary ruling by the ECJ
If a national court involved in a national case has to answer questions on the meaning or
interpretation of EU-laws, before being able to create a verdict, the national court has to ask
the ECJ for its opinion on this meaning/interpretation. The answer to such a question is
called a preliminary ruling.
EU-rule: If a flight has been delayed, airlines should pay damages to passengers, unless “
force majeure” is involved.
Force majeure = cause that you have no control over.
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