TEN YEARS EU LAW -LATVIAN EXPERIENCES IN A THIRD DIMENSION OF LAW Dr Christoph Schewe & Dr Arnis Buka.

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Presentation transcript:

TEN YEARS EU LAW -LATVIAN EXPERIENCES IN A THIRD DIMENSION OF LAW Dr Christoph Schewe & Dr Arnis Buka

Structure I. Introduction: The topic 1. The three dimensions 2. The evolution of EC/EU law as a third dimension of law II. 10 years Latvian Experiences in the third dimension

From two to three Dimensions Introduction The traditional division in national and public international law (PIL) Implications of the two-dimensionality PIL traditionally regulates a minimum in international relation Subjects of IL as principal actors Sources of law - PIL PIL based on sovereignty of states A concept of sovereign states and national laws

Implications of a concept of sovereign states Sovereignty Equality of states Non-interference Leads to more than 192 legal orders worldwide which may differ considerably States may shape their legal orders in principle in an autonomous and independent way

Entering the 3rd Dimension: The creation of the European Communities The ECs as the beginning of a new era: Paris Treaty ´52 – European Community for Coal and Steel (ESCS) Creation of the High Authority (today Commission) Implies supranational competences Treaties of Rome `56 – Euratom and the European Economic Community (EEC) EEC as a Customs Union The implications of abolishing customs duties and non tariff barriers …

The EC/EU evolution in 52 (62) years From Paris to Rome … to Lisbon – the Treaties 52 years of secondary law 52 years of ECJ jurisprudence 2013: 50 anniversary of Van Gend & Loos Primacy of EC law Costa/ENEL Francovich Cassis de Dijon …

The third dimension EC (EU) law as an independent legal order Supranational Organisation Challenges to the concept of sovereignty of states

For Latvia in 2004 Implementation of the acquis communautaire: pages translation and integration in national law Secondary law Jurisprudence Implies linguistic, culture-related and legal challenges

Getting used to live in the 3rd Dimension Dr Arnis Buka: The first ten years of Latvia in the EU