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Introduction to EU law
Transcript of Introduction to EU law
....EU – European Union is a collection of states who aim to create an economic and monetary trade area/union. Its aim now is to merge Europe into a single prosperous area, abolishing all restrictions affecting the movement of goods, people and money..........
Law becomes supreme against all
member state law
Shouldn't it be the same for people and for businesses
Essentially the Court acted to remove all barriers
The EU was created as a free trade area
It now has 27 members
It has become so much more - Like it or not!!
It is a supreme legal system capable of over-riding national legislation
Law is made through the democratic process AND through the Court by cases
A free trade area
All 28 states working together
the European Union
Does it work? Or is it failing??
A supreme legal system
...and nothing to do with human rights!
The institutions of the EU...
Think of them as the machine - It proposes legislation and acts as the police of the EU making sure all the members states stay in line.
This lot are in charge...
Making law in the EU is NOT straightforward. There is basically two ways law is made.
ie. The Commission proposes a new law, the Council and the Parliament work together to push it through to become law, the Commission then polices that law, the Court adjudicates on that law
What about Goods? Isn't it all about taxes?
We could make endless rules...
regarding product standards
creating a free trade area was very hard
That would be a nightmare!!
It would take so much work....
Someone would have to monitor it all the time
And update the rules constantly
What can be done?...
The Commission was failing to provide a solution... The Court decided to get involved!
In a series of cases the Court created rules which enabled the free trade area envisioned by the EU architects to flourish
Remove barriers or justify
The Court declared that all members must remove trade barriers or justify why they have them...Now anything which hinders access to market or makes importation less attractive must be objectively justified by the member state trying to rely on it
The Court said that there was an overall principle of mutual recognition. Meaning if a product is lawfully produced in one member state, then it can be lawfully imported into any other member state.
Architecture of the Single Market
What a mess!!
Visit moodle to complete the 12 Lessons doc
learn more about the EU
Discuss with others....
revise for the exam!
What is EU?
this tutorial will introduce you to European Union Law
this lesson looks at
what is the EU?
how does it work?
how has it affected trade in the area
why should I care anyway?
Or are they...?
so what are you waiting for?
What is the EU?
How is it part of member states law?
Which is the supreme legal system?
What are the main institutions of the EU?
How are EU legal points dealt with?
What happens when the Member state’s law is in conflict with EU law?
What is the single market?
Some important questions to think about...
The ECJ acts as the arbitrator for EU matters. It hears cases brought by the Commission against defaulting members or it takes references from national courts who require help with EU law.
It has been the central architect of the EU for the last 30 years. Despite having no DEMOCRATIC authority!!!
This is the supreme decision-making body made up of ministerial representatives from each of the 28 Member States. President by 6 months rotation. Voting either unanimous or by weighted voting system or by simple majority vote.
This lot give the EU legitimacy and act as the legislature
The EU Parliament
This institution is the democratic decision making body. It has around 700 members directed elected every 5 years, based in Strasbourg.
It can comment on proposals of Commission. It works together with the Council where it negotiates alterations and amendments it wishes to see in proposed legislation.
Has to give assent to international agreements. Has some budgetary control.
1. Officially by the legislative system
Through cases heard by the court
The Court makes law by setting [precedents just like in a common law legal system. These are applicable all through the EU in ever members court
Law of the European Union
Signed by MMS, binding it entirety on mms, can give direct rights and create direct obligations. This is the framework for the Union
Like an Act of Parliament. Created by Council and EP. They are directly applicable in MMS and do not need further domestic legislation
These are aims or objectives set by Community and will leave form and method of achievement to MSS.
ECJ attempt to remove all obstacles making free movement less attractive
Removal of direct and indirect discrimination on grounds of nationality
Mss must now objectively justify all direct or indirect rules that hinder free movement
Family members of workers/self-emp people also have the right to move
Velo Pour Moi are a French bike company. They produce kit bikes which can then be assembled by the customer at home.
They wish to import the bike kit to the UK.
The UK require all kit bikes to be sold through authorised outlets and to conform to BS1001 under British legislation. Nearly all UK producers already meet these requirements
Velo Pour Moi do not conform to BS 1001 not do they wish to open an authorised outlet in the UK as they sell by mail order. They do currently sell their bike kits in France and Spain without any problems.
Mike wants to move to Italy and work for an Italian property consultancy company. He has a degree in property management from a London university. When he goes for his interview, he is told he has got the job but the company do not recognise his degree as being equivalent to the Italian version. He is told if he wants the job he will need to attend a night school in Rome for 1 yr to bring him up to the same standard as his colleagues. Mike thinks this will be too much with his stressful job and so he regrettably turns down the offer and looks for something in the UK
The President of the Commission is the closest the EU has to a leader
Jose Manuel Barroso