Summary
Summary of European and international law 2nd year Legal practice
- Course
- Institution
Summary of 16 pages for the course European and international law at Artevelde (15/20)
[Show more]
Seller
Follow
meganeprovost1a6
Reviews received
Content preview
Part 1: Introduction to European lawStructure of the EU Treaties
The rule of law
= Every action taken by the EU is founded on treaties that have been agreed by all EU countries and
ratified by their parliaments or by referendum.
The treaties (= Verdragen) lay down:
- The objectives of the European Union
- The rules for EU institutions
- How decisions are made and
- Relationship between the EU and its Member States
They have been amended:
- Each time new Member States have joined
- To reform European Union’s institutions and to give it new areas of responsibility
- Last amending treaty: Lisbon Treaty
Core treaties:
- Treaty on European Union
- Treaty on the Functioning of the European Union
Powers of the European Union and sources of EU law
Who takes the decisions?
European Parliament
- Represents: EU’s citizens
Consequence: Directly elected by them
European Council
- Consists: Heads of State or Government
- Defines: General political direction and priorities
Council: Represents the governments of the EU Member States
European Commission: Represents the interests of the EU as a whole
Types of legislations
1. Regulation
= A law that is applicable and binding in all Member States directly.
- Does not need to be passed into national law by the Member States
- National laws: May need to be changed to avoid conflicting with regulations
1
, 2. Directive
= A law that binds the Member States to achieve a particular objective.
- Must be transposed (= Omgezet) into national law to become effective
- Specifies the result to be achieved: The Member States individually decides how this is done
3. Decision
- Can be addressed:
o Member States
o Groups of people
o Individuals
- Binding
- Used, for example, to rule on proposed mergers between companies
4. Recommendations and opinions: Have no binding force
How is legislation passed?
Every European law:
- Based on a specific treaty article referred to as the ‘legal basis’ of the legislation
Consequence: This determines which legislative procedure must be followed
The treaty:
- Sets out the decision-making process
- Including:
o Commission proposals
o Successive readings by the Council and Parliament
o Opinions of the advisory bodies
- Lays down when:
o Unanimity is required
o A qualified majority is sufficient for the Council to adopt legislation
The great majority of EU legislation: Adopted using ordinary legislative procedure:
- The Parliament and the Council share legislative power
2
, 3
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller meganeprovost1a6. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.96. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now