UE law

Classified in Law & Jurisprudence

Written at on English with a size of 4.36 KB.

EU law: is an autonomous legar order, different from international law (adoption and application of rules. Dispute settlement procedures guiding principles) and form national law (legislative procedure and sources of law own effectiveness and entry into force). 
Direct Effectiveness: Means that it's effects can be fully deployed in an unifor manner in all the member states from its entry into force and throughout its validity.
Direct Applicability: Refers to the way in which EU provisions have legal validity in the member states. EU provisions are self-executing, national parliaments do not have to enact legislation to make it law in a member state or direct effect (individuals): invocability.
EU law becomes part of international law in accordance with EU law and not according to the laws of the member states. It is directly applicably: Self-executing from publication, no measures are required to incorporate it into the member states legal orders.
Aspects of Direct effect: Vertical Up (Individuals -> State) 
                                       Vertical down (State -> Individuals)
                                       Horizontal (Individual <--> Individual)
Be clear, precise, generating a specific obligation.
Well defined right and benificiary.
Directives can't never be invoked against another individual. They can only bbe addressed to other member states. (don't have direct effect)
Ruling of the European Court of Justice (ECJ): It follows form the treaties but in fact was enshrined by the Court of Justice. 
The community constitutes a new legal order of international law.
Objective application of the treaties. They apply to all.
European law not only engenders obligations for EU countries, but also rights for individuals sincere cooperation.
Principle of Estoppel.
Uniformity of application. Otherwise preliminary rulings would make no sense.
Regulations are rules that derive their authority from legislation. They always have direct effect. The provision must be sufficiently clear and precise.
There are three sources of European Union law: 
Primary law: Come mainly from the founding treaties. These treaties set out the distribution of competences between the Union and the Member States and establishes the powers of the European institutions.
Secondary law: Comprises in unilateral acts (regulations, directives, decissions, opinions and recommendations) and agreements (international agreements).
Suplementary law: To bridge the gaps left by primary & secondary law.
The national judge is the one who applies EU as part of his domestic law. However, in order to avoid different interpretatiob of EU law by each national Judge of each of the 28 member states, preliminary ruling is stablished:
It allows an uniform interpretation of EU law and its effective application by national courts (this is found in art. 267 of the Treaty of Functioning of the EU. There are two types of preliminary ruling: Interpretation (to solve the doubt of the national law is making a correct use of the EU law). Validity (when a secondary law is not respecting primary law, validity is requested to the CJ.
The principle of direct effect enables individuals to immediately invoke a European provision before a national or European court.

Direct effect may only relate to relations between an individual and an EU country or be extended to relations between individuals.

Entradas relacionadas: