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Samenvatting European And International Law
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Introduction to European lawStructure of the EU treaties
The Rule of Law regarding EU treaties
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.
Everybody is subject of the Rule of Law (rechtsstaat)
Function of EU treaties
The treaties lay down:
The objectives of the EU
o What the EU stands for & what the competences will be (doesn’t unify everything)
The rules for EU institutions
How decisions are made
Relationship between the EU and its Member States
Core treaties:
Treaty on European Union (TEU)
Treaty on the Functioning of the European Union (TFEU)
They have been amended (gewijzigd):
each time a new Member States have joined
to reform the European Union’s institutions and to give it new areas of responsibility
o To give it new competences (this happens regularly)
Last amending treaty: Lisbon Treaty
Powers of the European Union/sources of the EU law
Who takes descisions
,Types of legislation
Regulation
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 the regulation
Ex. GDPR
Directive
Binds the Member States to achieve a particular objective
o It’s the EU council & parliament that set out specific objectives in a specific area
(consumer rights)
Must be transposed into national law to become effective
Specifies the result to be achieved: it is up to the Member States individually to decide how this
is done
Decision
can be addressed to Member States, groups of people, or even individuals
binding in its entirety
used, for example, to rule on proposed mergers between companies
Recommendation & opinions
Have no binding force
How is legislation passed
The majority of EU legislation is adopted using the ordinary legislative procedure
Parliament and council share legislative power in this procedure
, The ordinary legislative procedure (niet kennen)
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