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Samenvatting Introduction to International Commercial and European Law, H1 t/m15, ISBN:9789462511712
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Introduction to international commerical and European lawSecond edition
Mr. M.W. Mosselman
Chapter 2
Chapter 3
Chapter 4
Chapter 8
Chapter 10
Chapter 12
Chapter 13 (Partially)
This summary is made according to what has to be learned for the test of schoolyear 2019/2020 of
the study International Business at the Amsterdam University of Applied Sciences.
,Chapter 2: European law
Introduction:
The main sources of international trade law are:
- Treaties
- European law
- Rules made by private international entities (ICC for example)
The legal basis for European law lies within the Treaty on the Functioning of the EU (TFEU). Together
with the Treaty on EU (TEU), the basis of the EU is formed.
Main points TEU:
- The principles and values of the EU
- The main objectives of the EU
- The roles of the main institutions in the EU
- The rules of the common foreign and security policy
The European Court of human rights (ECtHR) and the court of justice (ECJ) are not the same. ECJ
ensures the correct interpretation of the EU law, while people can complain on human rights at the
ECtHR.
The European Convention on Human Rights (ECHR) is signed by more countries than the member
states of the EU.
The ECHR secures to residents of the signatory States fundamental rights:
- Fair trial
- Right to family life
- Prohibits inhuman or degrading punishment
2.2 Institutions of the EU
- The European Parliament
- The Council of the EU (= Council of ministers)
- The European Council (- Heads of State)
- The European Commission
- The Court of Justice of the EU
2.2.1 The European Parliament
Members of the parliament are directly elected for a term of 5 years. Each country is represented,
the more inhabitants in the country, the more mep’s there are representing that country. There is a
minimum of 6 mep’s and a maximum of 96. The Parliament holds 751 seats, 750 mep’s and 1
president. The following paragraphs are on the main powers of the EU Parliament.
2.2.1.1 Legislative
,2.2.1.2 Control of the executive
The Parliament can ask the European Commission question which they have to answer. The council
however does not have to answer questions from the Parliament. The Parliament can if two-thirds
agree submit a motion of censure which causes the entire Commission to resign from office.
2.2.1.3 Budgetary powers
The Parliament has to approve the budget of the EU.
2.2.2 The European Council
The council consists of the heads of State of the 28 member states, plus the president of the
commission and the president of the council. . The council meets at least 4 times a year to define the
EU’s general political guidelines and priorities. The council does not have a legislative function.
2.2.3 The Council of the European Union
The council changes with the topic, if it is about financial affairs, the council consists of 28 national
finance ministers. The council drafts the legislation of the EU. A qualified majority for a decision is
reached when at least 55% of all Member States (with a minimum of 15 states), whose populations
comprise at least 65% of EU citizens vote in favor. To block legislation however, at least 4 countries
(representing at least 35% of EU population) have to vote against the proposal.
2.2.4 The European Commission
The commission operates as an executive committee of the EU, with 28 commissioners who
represent the best interest of the EU as a whole, rather than their own home country.
Main tasks:
- Submit legislative proposals to the Parliament and the Council.
- Manage the policy of the EU and to execute EU policy
- Verify compliance of MS’s and individuals with community law. Take measures if no
compliance with community law.
- Negotiate as a spokesperson on behalf of the EU with other countries about international
trade and cooperation agreements.
, 2.2.5 Court of Justice of the European Union
The Court of justice has the task of monitoring the correct application of EU law. Also harmonize
interpretations of the law.
2.3 Other international courts
Human rights enshrined in the Convention:
- The prohibition of slavery, servitude and forced labor
- The right to liberty and security of person
- The right to a fair trial
- The right to privacy
- The right to freedom of expression
The united nations has three permanent courts:
- The international court of justice
- The international criminal court
- The international tribunal for the law of the sea
The international court of justice (ICJ) is the main judicial body of the United Nations. It acts as a
world court, In accordance with international law, the court settles disputes of a legal nature they are
submitted by States. Only states can be parties.
The International criminal court (ICC) is a permanent institution and has the power to exercise its
jurisdiction over persons for the most serious crimes of international concern. Included crimes are:
Genocide, crimes against humanity, war crimes and the crime of aggression. The ICC passes
judgments concerning natural persons who were aged over 18 at the time of the alleged crime.
The international Tribunal for the law of the sea is an independent court set up by the United Nations
convention of the law of the sea. The convention defines the rights and responsibilities of nations in
their use of the world’s oceans.
2.4 European legislation
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