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TEN YEARS EU LAW -LATVIAN EXPERIENCES IN A THIRD DIMENSION OF LAW Dr Christoph Schewe & Dr Arnis Buka
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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
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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
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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
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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 …
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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 …
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The third dimension EC (EU) law as an independent legal order Supranational Organisation Challenges to the concept of sovereignty of states
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For Latvia in 2004 Implementation of the acquis communautaire: 80.000 pages translation and integration in national law Secondary law Jurisprudence Implies linguistic, culture-related and legal challenges
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Getting used to live in the 3rd Dimension Dr Arnis Buka: The first ten years of Latvia in the EU
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