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European Union Legal System
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supranational Union
A supranational union is a type of international organization and political union that is empowered to directly exercise some of the powers and functions otherwise reserved to State (polity), states. A supranational organization involves a greater transfer of or limitation of state sovereignty than other kinds of international organizations. The European Union (EU) has been described as a paradigmatic case of a supranational organization, as it has deep political, economic and social integration, which includes a Single market, common market, Schengen Area, joint border control, a European Court of Justice, supreme court, and regular Elections to the European Parliament, popular elections. Another method of decision-making in international organisations is intergovernmentalism, in which state governments play a more prominent role. Origin as a legal concept After the dropping of atomic bombs on Hiroshima and Nagasaki in August 1945, Albert Einstein spoke and wrote frequentl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Council
The European Council (informally EUCO) is a collegiate body (directorial system) and a symbolic collective head of state, that defines the overall political direction and general priorities of the European Union (EU). It is composed of the heads of state or Head of government, of government of the Member state of the European Union, EU member states, the president of the European Council, and the president of the European Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in its meetings. Established as an informal summit in 1975, the European Council was formalised as an institution in 2009 upon the Coming into force, commencement of the Treaty of Lisbon. Its current president is António Costa, former Prime Minister of Portugal, prime minister of Portugal. Scope While the European Council has no legislative power, it is a strategic (and crisis-solving) body that provides the union with general political directions and pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Law
The United Kingdom has three distinctly different legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law (in the joint jurisdiction of England and Wales), Scots law, Northern Ireland law, and, since 2007, calls for a fourth type, that of purely Welsh law as a result of Welsh devolution, with further calls for a Welsh justice system. In fulfilment of its former EU treaty obligations, European Union directives had been transposed into the UK legal system on an ongoing basis by the UK parliament. Upon Brexit, non-transposed EU law (such as regulations) was transplanted into domestic law as " retained EU law", with an additional period of alignment with EU law during the transition period from 31 January to 31 December 2020. Legal jurisdictions There are three distinct legal jurisdictions in the United Kingdom: England and Wales, Northern Ireland and Scotland. Each has its own legal system, distinct histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Retained EU Law
The European Union (Withdrawal) Act 2018 (c. 16) is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June. The Act is to enable "cutting off the source of EU law in the UK ... and remove the competence of EU institutions to legislate for the UK".Summary The 2017–2019 Government of Theresa May regarded it as the most significant constitutional leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brexit
Brexit (, a portmanteau of "Britain" and "Exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU). Brexit officially took place at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 Central European Time, CET). The UK, which joined the EU's precursors the European Communities (EC) on 1 January 1973, is the only member state to have withdrawn from the EU, although the territories of Greenland (part of the Kingdom of Denmark) previously left the EC in 1985 and Algeria (formerly French Algeria, part of France) left in 1976. Following Brexit, EU law and the Court of Justice of the European Union no longer have Primacy of European Union law, primacy over British laws but the UK remains legally bound by obligations in the various treaties it has with other countries around the world, including many with EU member states and indeed with the EU itself. The European Union (Withdrawal) Act 2018 retains relevant EU law as La ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consolidated Version Of The Treaty On European Union/Title VI: Final Provisions
Consolidated may refer to: Companies *Consolidated Aircraft, an American aircraft manufacturer active 1923–1943 *Consolidated Communications, an American broadband and business communications provider *Consolidated Edison, an American energy company that traces its lineage to 1823 *Consolidated Foods, an American food company later known as Sara Lee Corporation * Consolidated Papers, Inc., an American paper manufacturer active during the 20th century *Consolidated Railway (other), several American railroads *Consolidated Steel Corporation, an American steel and shipbuilding business formed in 1929 *Consolidated Stock Exchange of New York, active 1885–1926 Other uses *Consolidated (band), American radical activist music group formed in 1989 **''¡Consolidated!'', a 1989 EP by the group *Consolidated city-county, a form of local government in the United States *Consolidated financial statement * Consolidated rental car facility *Consolidated school or school district; se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Primary And Secondary Legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'Act (document), acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agency, regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indirect Effect
Indirect effect is a principle of the European Union (EU) law, whereby national courts of the member states of the EU are required to interpret national law in line with provisions of EU law. The principle of indirect effect contrasts with the principle of direct effect, which, under certain conditions, allows individuals to invoke the EU law itself before national courts. The indirect effect arises from the failure of a member state to implement a directiveeither correctly or at allbut where the direct effect cannot apply because the party against whom the directive is sought to be enforced is a private entity or otherwise fails to meet the conditions which would give the directive direct effect. In '' Von Colson and Kamann v Land Nordrhein-Westfalen'', the ECJ ruled that national courts should interpret national law in line with the directive, "in so far as it is given the discretion to do so under national law". While ''Von Colson'' dealt with a situation where a member state h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Effect
In the law of the European Union, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which not only the courts but also the public administration (on national, regional or local level) of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in '' Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of '' Van Gend en Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recommendation (European Union)
A recommendation in the European Union, according to Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC), is one of two kinds of non- legal binding acts cited in the Treaty of Rome, the other being an opinion. Recommendations are without legal force but are negotiated and voted on according to the appropriate procedure. Recommendations differ from regulations, directives and decisions, in that they are not binding for Member States. Though without legal force, they do have a political weight. The recommendation is an instrument of indirect action aiming at preparation of legislation in Member States, differing from the Directive only by the absence of obligatory power. Article 292 notes that the European Commission may make recommendations, and in specific cases the European Central Bank may also make recommendations. Common market According to the terms of the Treaty on European Union "In order to ensure the proper functioning a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decision (European Union)
In European Union law, a decision is a legal instrument which is binding upon those individuals to which it is addressed.Per Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). They are one of three kinds of legal instruments which may be effected under EU law which can have legally binding effects on individuals. Decisions may be addressed to member states or individuals. The Council of the European Union can delegate power to make decisions to the European Commission. The legislative procedure for the adoption of a decision varies depending on its subject matter. The ordinary legislative procedure (formerly known as the Codecision procedure) requires the agreement of and allows amendments by both the European Parliament and the Council of the European Union. The Assent procedure requires the agreement of both Parliament and Council, but the Parliament can only agree or disagree to the text as a whole - it cannot propose amendments. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transposition (law)
In European Union law, transposition is a process by which the European Union's member states give force to a directive by passing appropriate implementation measures. Transposition is typically done by either primary legislation or secondary legislation. The European Commission closely monitors that transposition is timely, correctly done and implemented, so as to attain the results intended. Incorrect transposition may be the result of non acting (leaving aside certain provisions), diverging (other scope, definition or requirement), " gold-plating" (exceeding the requirements of the directive), "double-banking" (overlapping between existing national laws and the transposed directive), or "regulatory creep" (overzealous enforcement or a state of uncertainty in the status of the regulation). The European Commission may bring a case in the European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the Europ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
