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Sources of EU law and Hierachy of Norms

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Sources of European Law and Hierachy of Norms Includes all the important treaties and the different types of law they can make

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  • January 24, 2021
  • 4
  • 2019/2020
  • Lecture notes
  • Stuart
  • 2-3
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CHAPTER 4
- Legal and non-legal instruments used to attain the Unions objectives
- Often all are used in conjunction with each other
- Hierarchy = legal system, there is a vertical ordering of legal acts, with those lower down
the hierarchy being subject to legal acts of a higher status.


Previous treaties:
- Treaties lay down a number of conditions for the legality of instruments. Thus reasons
must be given for all legal acts, and there are requirements concerning publication and
signature
- Foundational instrument, decision procedure, everything about the working of the EU

- Treaty of Rome - objective: political and economic
- Introduced integration
- 6 founding countries - all set at same level

- Single European Act - takes concept of integration - next level
- Reformed institutions in prep for Portugal
- Extension to qualified majority voting
- Gave Parliament more power - must be consulted about legislation

- Treaty of Maastricht: established what we now know as the European Union
- Prepare for Monetary Union
- Social dimension - improve living and working conditions
- Develop human resources
- Right to travel and movement - but some limits held by countries

- Treaty of Amsterdam - Reform EU for expansion of more member states joining
- Ammendended and consolidated previous treaties
- More transparent legislative process

- Treaty of Nice - Reform for further countries joining
- Reform to composition of Commission so that all states are represented

- Treaty of 2005 - Signed but never came into force
- EU and vision was expanding - introduce minister of foreign affairs
- Change time for president stay
- No constitutional document as 18 member states rejected

- Treaty of Lisbon - Came into force 2009
- More power to EU Parliament - more democratic
- Permanent president and person for foreign affairs
- What points belong to EU; member states and what is shared

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