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NAGY, Csongor István ncsi@eik.bme.hu
EU law Class 3 NAGY, Csongor István
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History and purpose End of the II World War: only a European state may avert a third world-war Peace and prosperity Global competition Common market
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Schengen area
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Euro zone
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Exclusive competences of the EU
Customs union Competition law and policy (in respect of matters having an EU dimension) Monetary policy for the euro-zone Common fisheries policy Common commercial policy
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History 1952: European Coal and Steel Community (merged into European Community in 2002 ) 1957: Euratom (European Atomic Energy Community) 1957: European Community (originally: European Economic Community) 1992: European Union (Treaty of Maastricht): creating a three pillar structure 2007 (2009): Treaty of Lisbon
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Institutions European Commission:
Nominated by the Member States, elected by the Parliament Represents the Community interest Council: Consists of the representatives of the Member States Represents the interests of the states European Parliament: Elected by the European citizens, directly Represents the European people
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Ordinary legislative procedure
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Institutions EU courts (General Court, European Court of Justice)
Court of Auditors European Ombudsman
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Source of EC law Primary sources: founding treaties and their amendments Secondary sources: regulations: general rules, direct application directives: aim defined, method/details left to the Member States decision: concrete addressees
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The typical way to get to the European Court of Justice
First step: law-suit before the court of the Member State concerned. Second step: the court realizes the existence of a Community law issue and decides to submit preliminary questions to Luxembourg – the submission is the power of the court and NOT the right of the parties. Third step: the questions are worded and submitted. Fourth step: the ECJ delibaretes the questions and answers them sending back a preliminary ruling. Fifth step: the Member State court decides, accordingly.
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Preliminary ruling procedure
Preliminary question Preliminary ruling European Court of Justice National court procedure
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