SOURCES OF THE EUROPEAN COMMUNITY LAW

EUROPEAN UNION European Community Customs union Single market Common Agricultural policy Structural EMU EURATOM Police and judicial cooperation in criminal matters Common foreign and security COOPERATION PILLARS COMMUNITY PILLAR (EC)

SECONDARY LAW INTERNATIONAL AGREEMENTS COURT RULINGS PRIMARY LAW Treaty Establishing the European Community Treaty Establishing the European Atomic Energy Community Treaty Establishing the European Union The supplementing or amending treaties Access treaties of the Member States SECONDARY LAW Regulations Directives Decisions Recommendations, opinions INTERNATIONAL AGREEMENTS COURT RULINGS

PRIMARY LAW SECONDARY LAW Can be amended only by unanimous decision of the Member States SECONDARY LAW Derived from the primary law Community institutions have been given legislative powers to fill the gaps in the primary law

Directly applicable law COMMUNITY LAW TREATIES NATIONAL LAW Regulations Directives Decisions Directly applicable law Modified from: Kivelä, H. – Nordell, R. 2003. Yrittäjän oikeutta p. 16. Helsinki: WSOY

REGULATION Normative act Designed to apply to situations in the abstract Becomes binding once published in the Official Journal Becomes part of the national legal systems automatically without the need (or permit) for separate national legal measures

DIRECTIVE Binding to the Member States imposing them a duty of implementation Only after being implemented becomes effective law in the Member States The method of implementation is left to the discretion of the national governments as long as the required result is achieved within the period laid down in the directive Published in the Official Journal

DECISION A decision is an individual act addressed to a specified person or group of persons Binding on those to whom it is addressed after being notified to them Often given by the Commission on basis of power delegated by the Council

RECOMMENDATIONS AND OPINIONS Given by the Commission Have no binding force Must be taken into consideration by national courts when interpreting national law

AGREEMENTS WITH THIRD COUNTRIES Agreements between the European Communities and third countries are binding to the Member States and thus part of the EC Law JURISPRUDENCE OF THE EUROPEAN COURTS The rulings and principles, even opinions provided by the European Court of Justice and the Court of First Instance are a fundamental source of the EC Law

EUROPEAN COMMUNITY LAW RELATED TO THE MEMBER STATES

SUPREMACY By accession to the Community the Member States have transferred the jurisdiction to the Community => Community Law has supremacy over conflicting domestic law

DIRECT EFFECT Individuals are allowed to rely on Community provisions before national courts in all of the Member States

The EEC was a `new legal order', and that Case 26/62; [1963] CMLR 105, N.V. Algemene Transporten Expeditie Onderneming van Gend en Loos v. Nederlandse Administratie der Belastingen An importer which had not paid a customs tariff, contrary to the national law of the Netherlands, sought to rely on Art. 12 (now Art. 25) of the EC Treaty, which generally prevented such tariffs between member states of the EEC, as a defence. The company referred to the ECJ under what is now the Art. 234 procedure (brought a case before a Dutch tribunal). The ECJ held that The EEC was a `new legal order', and that Treaty provisions should be given direct effect by national courts ”… independently of the legislation of Member States Community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage”

TO HAVE DIRECT EFFECT… The provisions must meet certain standards: They must be clear, unconditional and precise and not subject to any further measures on the part of the Member State => Treaty provisions, regulations and international agreements are directly effective Directives only vertically, and if they meet the criteria Decisions if they meet the criteria

SUBSIDIARITY The Community shall take action only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States

EU Subsidiarity applies to the shared competence areas EUROPEAN COMMUNITY LAW EU has exclusive competence: Trade policy Internal market Agricultural policy Fisheries policy Transport policy Rules of competition Shared competence: Industrial policy Research policy Asylum and immigration Social and employment policy Consumer protection and public health Education policy Subsidiarity applies to the shared competence areas of the 1st pillar

ESSENTIAL VALUES AND BASIC PRINCIPLES OF THE EU LAW

Principle of LOYALTY Member States shall take all appropriate measures to ensure fulfilment of the obligations arising out of the EC Law abstain from any measure which could jeopardise the attainment of the objectives of the Treaty The loyalty principle is significant especially in areas where the Member States have not transferred total competence to the EU

LEGAL BASIS The tasks entrusted to the Community shall be carried out by the European Parliament, Council, Commission, Court of Justice, Court of Auditors Each institution shall act within the limits of the powers conferred upon it The institutions may not misuse their powers or act if they lack competence If they exceed their powers, actions against them can be carried on basis of nullity Failure to act can cause an action on basis of omission

Discrimination is prohibited on grounds of EQUALITY Discrimination is prohibited on grounds of Nationality Sex Racial or ethnic origin Religion or belief Disability Age Sexual orientation

LEGAL CERTAINTY Retroactive legislation is not accepted since individuals must be able to know the prevailing provisions Member States must guarantee the legal remedies to individuals to assert their rights based on the Community Law The courts, tribunals and other authorities have a duty to give reasons and all necessary information to the persons concerned

FUNDAMENTAL RIGHTS All the Member States of the EU are signatories to the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome in 1950 The Parliament, Council and Commission have issued in 1977 a joint declaration on fundamental rights

Principle of PROPORTIONALITY Measures taken by the Community authorities may not be more than what is strictly necessary or proportionate to the aim that is being achieved

GOALS OF THE EU Economic progress Maintaining peace Co-operation in security and defence Unity and equality of the MS:s Environmental protection

Has the European Union succeeded in pursuing its goals so far?