Lecture notes
European Legal system
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Why the european legal system was created, its sources, difference between hard and soft law.
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3. Lesson 3Friday, 14 January 2022 11:34
EUROPEAN LEGAL SYSTEM
European law was born in order to regulate the relationship between the states.
It exists a European Private Law in order to unify the European states and give to the
European citizens some universal and inviolable rights. In this way people from
different countries can make contracts between each other , without worrying
about which Code to apply.
European Private Law = uniform law for all the European countries.
Sources:
a. Regulations
The UE stated some regulations immediately effective in the several states:
this provisions don’t need to be “translated” in the Civil code of the country,
as it is normally done —> the regulations must be ready to be applied even in
a formal way: they are already detailed
Why should the several states be subjected and respect provisions issued by
an external organization? It is established by the Constitutional Italian law that
the UE organs have the same authority and even more than the state itself.
b. Directives = they are not immediately effective in each state, they have to be
transferred under the supervision of the Parliament in a more proper form for
the State —> directives are not detailed: they express a principle —> the state
has more freedom of interpretation and application
But according to the previous agreement the State must accept the European
law issued
c. Decisions = juridical acts that have effects on a single fact (juridical decisions -
Europe has its own Court of Justice)
—> from these three sources is generated the Hard Law, because they have more
power over the single State, directly or indirectly
Ex.
○ The Consumer Code has European origin, it’s not included in the Italian Civil
Code.
Why create a consumer code for all the states? Unifying them over the
consumer protection?
—> to increase and improve the economic relationships between the
European countries through legal regulations.
—> to protect a private interest that would improve the economy (see that
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