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Summary Law IBA
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Summary of Law part of IBA. Q1Y1 Business Organisation, International Business Studies, Avans Hogeschool
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Business law chapter 4,7, 8 and 15
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IBA Law Y1Q1
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IBA- LawWeek 1
Introduction to Law
What is law?
- Law governs societies (the activities of persons and legal entities).
- It varies between different jurisdictions (countries)
- Provides necessary rules, balancing different competing interests.
- What happens when a society does not have reliable legal structure in place?
The main sources of law:
Written:
- Code
- Act of parliament (statute)
- Delegated legislation
As opposed to:
- Case law = the law produced through a series of decisions made by judges in the
higher courts. It is usually concerned with the development and application of existing
principles of law being applied to cases coming before courts.
- Custom. Most custom law is part of common law. Those who aren’t are relatively
unimportant.
Different sorts of legal systems:
Common law / Civil law:
Common law system:
- Continuity from old law.
- Absence of a legal code
- Law-making role judges
- Doctrine of binding precedent
- Passive role judge, active role of lawyers in adversarial system of trial
Advantages: flexible, up to date.
Disadvantages: power lays with non-elected judge, difficult to find
Civil law system:
- Law codes
- Democratically drafted legislation
- Case law serves as a guide, non-binding
- Active role judge, passive role lawyers in inquisitorial system of trial
Advantages: laws are made by a chosen body, easy to find.
Disadvantages: rigid, out of date.
Private and Public Law:
Public law:
- Governs law between a state and its citizens.
- Regulates the relationship between a state and a natural person or organization.
Examples: constitutional law, criminal law, taxation law.
Private law:
- Governs law between citizens.
- Regulates the relationship between natural persons or organizations.
Example: contract law, labour law, business law, civil law.
, National law / international law:
National law:
- Law concerning the country.
- Law made by political bodies of the country applicable within the country.
- A democratically run country will have an elected government with a process of
proposal, debate and voting to bring laws into existence.
- National law only applies in the country that makes them.
International law:
- Agreement between two or more states.
- Countries agree on conventions (treaties).
- Countries set up international law-making bodies, for example:
United Nations (UN), European Union (EU Treaties), Hague Conference on Private
International Law (HCCH Conventions, protocols, principles, regulations) World Trade
Organization (WTO), International Labour Organization (ILO Conventions)
Introduction to EU law:
The European union: Started in 1952 as a steel & coal community. Now, it has 28 members
states since becoming official in 1993. They control common EU law, common market.
SEE PAGE 66 FIGURE 3.6 IN BOOK
Institutions of the EU:
- European council: made up of presidents or prime ministers of the states plus the
president of the European union.
- Council of the European union: the main decision-making body. Members are a
minister of each member state. Different ministers for different meetings.
- European parliament: 751 members directly elected by citizens of EU every five
years. This has three main roles:
1. Passes the majority of EU laws jointly with the Council.
2. Power to supervise other EU institutions.
3. Monitors the Councils work and can ask questions to members and president.
- European commission: one commissioner from each member state for five years.
Executive of the EU and is responsible for the administration and budget of EU.
- Court of justice of the European union: to ensure that EU law is interpreted and
applied in the same way in all states.
Sources of EU law:
- Treaties = agreements between countries. Part of treaties are called articles.
- Regulations = to attain uniformity of law throughout the EU.
- Directives = statements of policies that require member states to alter their national
laws so that they conform to the directive within a specified time limit.
- Decisions = binding to whom they were addressed but not general binding on other
states or persons.
National borders are lifted to create one big European market, with four freedoms:
- Free movement of goods: no national customs, no barrier rules.
- Free movement of people: Schengen agreement provides free physical movement of
people.
- Free movement of services: in principle prohibits restrictions on services by nationals
of other member states
- Free movement of capital: prohibits restriction on the free movement of capital
between Member States
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