Sources of Law & Law Creating

Slides:

Advertisements

Similar presentations

Data Protection & Human Rights. Data Protection: a Human Right Part of Right to Personal Privacy Personal Privacy : necessary in a Democratic Society.

Advertisements

Environmental Legal TeamEnvironment and Beyond EU Law (Part 1) Legal Order 3rd lecture, 8 November 2012 Mery Ciacci.

SOURCES OF EU RIGHTS LAW Article 6 TEU indicates three sources for EE Human rights law. 1) EU Charter of Fundamental Rights, Which was proclaimed in Nice.

Methods of governance. The « community » method Initiative of the Commission Majority voting in the Council Participation of the Parliament (co-decision)

The Legal Character of International Law. International Law Public and private international law Public and private international law Sources of international.

Basic notions and sources of law

McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 1 Legal Foundations.

Constitutional and Administrative Law

Methods of interpretation Joanna Helios Wioletta Jedlecka LLB.

Law Refresher Part I – March 19 Part II – April 30.

CHAPTER 1 The sources and institutions of employment law.

Asst. Prof. Dr. Alexander Bürgin IUE1 European Union Law and the Courts Repetition.

LLB Joanna Helios Wioletta Jedlecka. The concept of the sources of law Sources of law (latin: fontes iuris oriundi) are facts/acts, which on the basis.

The Law of the European Union Information and Communication.

Introduction to EU Law Cont.d. ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure.

Step up to Saxion. Course Introduction to International Business Law by Cynthia Vloon-Weultjes LLM Autumn 2012.

International Law. Public vs. private Public: rights between nations, or nations and citizens of different nations Private: controversies between private.

Kutluhan Bozkurt Dr. Iur. LL.M. Eur. (Munich)

COSTITUTION OF THE UNITED KINGDOM. What is the costitution of the United Kingdom? Acts of Parliament Treaties EU law Common law Conventions Royal prerogative.

Rise of European Supranationalism Matej Accetto ECL, 27 October 2010.

Chapter Three Laws: Their Sources. Constitutional Law The federal government and each state have constitutions. Constitutions are documents whose primary.

Unit A: Basics of the Law Understand the origins of law. 1.01b SOURCES OF AMERICAN LAW.

Unit 1 – Heritage of Law Chapter 2 – Sources and Categories of Law Secondary Sources of Law–Part 1.

Cyprus, April 2011 Direct effect of EU (VAT) Directives.

The role of legislation and the legislative system in the Netherlands Jan A.B. Janus Jakarta, 4-7 July 2011.

Court of Justice of the European Union

The Paralegal Professional PA101.  the power to govern is shared by one central or federal government and the 50 state governments.

1. common courts military courts administrative courts tribunals The Supreme Court The Supreme Administrative Court The Constitutional Tribunal and The.

EU Law-making The EU has no general law-making power. There are specific Treaty provisions, which authorise it to make laws in particular fields.

The Paralegal Professional ESSENTIALS, 2/e By Cheeseman and Goldman PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ Chapter 5:

Comparative Law Spring 2002 Professor Susanna Fischer CLASS 13 SOURCES OF GERMAN LAW FRENCH CONSTITUTIONAL LAW Feb. 8, 2002.

Fundamental Rights.

International & Foreign Law Search, Liu 1 Regional Organizations European Union (EU) as an example –How regional TREATIES reshaped war-torn Europe.

Legal Language LEGAL PRINCIPLES. Preliminary remarks Various terms: Rule, norm, provision, regulation Polish Criminal Code Art § 1. Whoever kills.

Five Main Sources of Law Chapter 1. (1.) Constitutional Law Constitution – a country’s formal document that spells out the principles by which its government.

The Paralegal Professional Part II: Introduction to Law Chapter Five American Legal Heritage & Constitutional Law.

SOURCES OF LAW Legal Language. The concept of source of law SOURCES OF LAW Fontes iuris oriundi Fontes iuris cognoscendi materialformalofficialunofficial.

Chapter 2. Who should make educational decisions? All laws passed by federal and state bodies, all state constitutions, all regulations, and all board.

Legal Language LEGAL SYSTEM Maciej Pichlak University of Wrocław Faculty of Law, Administration and Economics Department of Legal Theory and Philosophy.

EU legislation on customs brokers: overall view Jerzy Szczawiński Customs Service of the Republic of Poland TAIEX Workshop on the Functioning of the Customs.

Law LA2: European Law European Law Unit 2 AS. Explain the impact of the European Convention on Human Rights on the legal system of England & Wales – please.

The Italian Constitutional Court and the EU law

Legal Language LEGAL SYSTEM Maciej Pichlak University of Wrocław

International and World Trade Law

Fundamentals of Law & Government

EU Legislative Powers: Principles and Procedures

European Union Law Law 326.

European Union Law WEEK 6.

European Union Law.

The Legal System Legal Language Maciej Pichlak PhD

International Agreements

Sources of Law & Law Creating

Sources of EU law PRIMARY SOURCES - Founding Treaties

Hames/Ekern: Introduction to Law, 3rd edition

Parliamentary and European law making European Union Law

Fundamentals of Law & Government

Law of the European Union course for exchange students 4

The Legal Character of International Law

SOURCES OF THE EUROPEAN COMMUNITY LAW

Chapter 1 Authority.

Fundamental rights.

International Law and Contemporary Challenges

The Legal System Legal Language Maciej Pichlak PhD

Fundamental rights.

COURTS JUDGE-MADE LAW.

Legal Foundations of European Union Law II

Interpreting Precendents

COURTS JUDGE-MADE LAW.

Fundamentals of Law and Government

Presentation transcript:

Sources of Law & Law Creating Fundamentals of Law & Government Maciej Pichlak PhD Department of Legal Theory and Philosophy of Law University of Wroclaw Maciej.Pichlak@uwr.edu.pl

The concept of a source of law SOURCES OF LAW Fontes iuris oriundi Fontes iuris cognoscendi material formal official unofficial

Basic forms of law creating 1. Law-making (Enacting) - Unilateral (legislation, regulation) - Multilateral (agreement, convention, treaty) 2. Practice - Customary law - Case law (precedents)

Forms of law-making Universally binding laws - binding all categories of addressees (private individuals) - published in official journals (promulgation) - closed system (limited number of forms and subjects) Internal laws - binding only subordinated subjects - less formalized, open system

Universally binding laws Constitution Parliamentary acts (statutes) Ratified international treaties Executive orders Local laws (regulations, ordinals)

Internal laws: Poland Resolutions and orders Article 93 of Polish constitution: Shall bind only those units organizationally subordinate to the organ which issues such act; shall not serve as the ground for decisions taken in respect of citizens, legal persons and other subjects; shall be subject to scrutiny regarding their compliance with universally binding law.

Customary law Perpetuated and steady practice General conviction on a binding character (opinio iuris) Authentication by state authorities Where is it used? Public international law; laws of indigenous people (Africa, South and North America, Australia); commercial law; common law.

Precedent as a source of law Precedent in common law and statutory law system: Precedent de iure (binding) or de facto (persuasive) Binding precedent: - Binding for future cases (stare decisis principle) - Independent and sufficient ground for decision

Public international law Treaties Customary law Ius cogens Law created by international organization

European Union law Secondary law Supplementary law Primary law Treaties: Treaty on the Functioning of the European Union (Lisbon Treaty, 2007) Secondary law Regulations Directives Decisions, opinions and recommendations Supplementary law Case law of CJEU General principles An autonomous system, at the same time forming a part of the state law of the member states.

European Union law Its position in the state law of the member states Direct effect (van Gend en Loos 1963) Supremacy/ Priority (Costa v. ENEL 1964) What about the hierarchy? German Constitutional Court: Solange I (1974) and Solange II (1986).

Branches of EU Law Constitutional law Competition law Law of internal market

Further reading BASIC: ITL, Chapter 10 BLB, Chapter 5 ADDITIONAL: Sources and Scope of European Union Law http://www.europarl.europa.eu/atyourservice/en/displayFtu.ht ml?ftuId=FTU_1.2.1.html