European Union law

EU lawEuropean lawlaw of the European UnionEuropean Community lawEU legislationEU lawsEuropean UnionEuropeanCommunity Lawlaw
European Union law is the system of laws operating within the member states of the European Union.wikipedia
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European Union

EUEuropeanEurope
European Union law is the system of laws operating within the member states of the European Union.
The EU has developed an internal single market through a standardised system of laws that apply in all member states in those matters, and only those matters, where members have agreed to act as one.

International law

public international lawinternationallaw of nations
According to its Court of Justice, the EU represents "a new legal order of international law". Examples of landmark, and frequently controversial judgments, include Van Gend en Loos (holding EU law to created a new legal order, and citizens could sue for treaty rights), Mangold v Helm (establishing equality as a general principle of EU law), and Kadi v Commission (confirming international law had to conform with basic principles of EU law).
The European Union is most prominent example of an international treaty organization that implements a supranational legal framework, with the European Court of Justice having supremacy over all member-nation courts in matter of European Union law.

Treaty on the Functioning of the European Union

TFEUTFEU treatyTreaty of Rome
The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, unanimously agreed by the governments of 28 member states.
Originating as the Treaty of Rome, the TFEU forms the detailed basis of European Union law, by setting out the scope of the EU's authority to legislate and the principles of law in those areas where EU law operates.

Treaty on European Union

TEUEuropean Treaty
The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, unanimously agreed by the governments of 28 member states.
The TEU forms the basis of EU law, by setting out general principles of the EU's purpose, the governance of its central institutions (such as the Commission, Parliament, and Council), as well as the rules on external, foreign and security policy.

Council of the European Union

CouncilCouncil of MinistersEU Council
Citizens are able to vote directly in elections to the Parliament, while their national governments operate on behalf of them in the Council of the European Union and the European Council.
In a few limited areas the Council may initiate new EU law itself.

European Commission

EU CommissionCommissionEC
The Commission is the executive branch.
Hallstein notably began the consolidation of European law and started to have a notable impact on national legislation.

European Parliament

EU ParliamentEP constituencyMEP
Citizens are able to vote directly in elections to the Parliament, while their national governments operate on behalf of them in the Council of the European Union and the European Council.
The Parliament also has a great deal of indirect influence, through non-binding resolutions and committee hearings, as a "pan-European soapbox" with the ear of thousands of Brussels-based journalists.

President of the European Commission

PresidentCommission PresidentEuropean Commission President
In response to Ireland's initial rejection of the Treaty of Lisbon 2007, it was agreed to keep the system of one Commissioner from each of the member states, including the President and the High Representative for Foreign and Security Policy (currently Federica Mogherini)
(The Commission is the only body that can propose EU laws.)

Schengen Agreement

Schengen TreatySchengenSchengen Convention
The Schengen Agreement of 1985 (not initially signed by Italy, the UK, Ireland, Denmark or Greece) allowed movement of people without any border checks.
However, in 1999 they were incorporated into European Union law by the Amsterdam Treaty, while providing opt-outs for the only two EU member states that had remained outside the Area: Ireland and the United Kingdom.

European Court of Justice

Court of JusticeECJEuropean Court
The same year, the Court of Justice proclaimed that the Community constituted a "new legal order of international law". Parties do not receive public funds from the EU, as the Court of Justice held in Parti écologiste "Les Verts" v Parliament that this was entirely an issue to be regulated by the member states. This resulted in one main case, Commission v Edith Cresson where the European Court of Justice held that a Commissioner giving her dentist a job, for which he was clearly unqualified, did in fact not break any law.
The European Court of Justice (ECJ), officially just the Court of Justice (Cour de Justice), is the supreme court of the European Union in matters of European Union law.

European Stability Mechanism

ESMEuropean Monetary Fundfinancial stability mechanism
In 2011 two new treaties, the European Fiscal Compact and European Stability Mechanism were signed among Eurozone countries.
A separate treaty, amending Article 136 of the Treaty on the Functioning of the European Union (TFEU) to authorize the establishment of the ESM under EU law, was planned to enter into force on 1 January 2013.

Primacy of European Union law

supremacy of EU lawprimacySupremacy (European Union law)
Within the EU itself, the Court of Justice's view is that if EU law conflicts with a provision of national law, then EU law has primacy.
The primacy of European Union law (sometimes referred to as supremacy) is an EU law principle that when there is conflict between European law and the law of Member States, European law prevails; the norms of national law have to be set aside.

United States of Europe

Federal EuropeEuropean federationEuropean superstate
After the Napoleonic Wars and the Revolutions of 1848 in the 19th century, Victor Hugo at the International Peace Congress in 1849 envisioned a day when there would be a "United States of America and the United States of Europe face to face, reaching out for each other across the seas".
It has a common executive (the European Commission), a single High Representative for the Common Foreign and Security Policy, a common European Security and Defence Policy, a supreme court (European Court of Justice – but only in matters of European Union law) and an intergovernmental research organisation (the EIROforum with members like CERN).

Kadi v Commission

KadiKadi and Al Barakaat International Foundation v Council and Commission
Examples of landmark, and frequently controversial judgments, include Van Gend en Loos (holding EU law to created a new legal order, and citizens could sue for treaty rights), Mangold v Helm (establishing equality as a general principle of EU law), and Kadi v Commission (confirming international law had to conform with basic principles of EU law).
Kadi and Al Barakaat International Foundation v Council and Commission (2008) C-402/05 is an EU law case, concerning the hierarchy between international law and general principles of EU law.

Preliminary ruling

preliminary referencespreliminary referencepreliminary judgement
Member state courts can refer questions to the CJEU for a preliminary ruling.
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State.

Parti écologiste "Les Verts" v European Parliament

Parti écologiste "Les Verts" v ParliamentParti écologiste “Les Verts” v Parliament
Parties do not receive public funds from the EU, as the Court of Justice held in Parti écologiste "Les Verts" v Parliament that this was entirely an issue to be regulated by the member states.
Parti écologiste “Les Verts” v European Parliament (1986) Case 294/83 is an EU law case, concerning the constitutional framework, and party political funding, in the European Union.

Commission v Edith Cresson

This resulted in one main case, Commission v Edith Cresson where the European Court of Justice held that a Commissioner giving her dentist a job, for which he was clearly unqualified, did in fact not break any law.
Commission v Edith Cresson (2006) C-432/04 is an EU law case, concerning the constitutional framework in the European Union.

Direct effect of European Union law

direct effectdirectly effectivedirectly enforceable
These rules on "direct effect" limit the extent to which member state courts are bound to administer EU law.
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce.

Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel

Solange IInternationale Handelsgesellschaft (Solange I)
The view of the German Constitutional Court from the Solange I and Solange II decisions is that if the EU does not comply with its basic constitutional rights and principles (particularly democracy, the rule of law and the social state principles ) then it cannot override German law.
Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (1970) Case 11/70, also known as "Solange I", is an EU law case and German constitutional law case concerning the conflict of law between a national legal system and the laws of the European Union.

European Fiscal Compact

Fiscal CompactEuropean Fiscal UnionTreaty on Stability, Coordination and Governance
In 2011 two new treaties, the European Fiscal Compact and European Stability Mechanism were signed among Eurozone countries.
Although the European Fiscal Compact was negotiated between 25 of the then 27 member states of the EU, it is not formally part of European Union law.

European Communities Act 1972 (UK)

European Communities Act 1972European Communities ActEuropean Communities Bill
More recently the UK Supreme Court noted that in R (HS2 Action Alliance Ltd) v Secretary of State for Transport, although the UK constitution is uncodified, there could be "fundamental principles" of common law, and Parliament "did not either contemplate or authorise the abrogation" of those principles when it enacted the European Communities Act 1972.
The Act provided for the incorporation into UK law of the whole of European Community law and its acquis communautaire: its Treaties, Regulations and Directives, together with judgments of the European Court of Justice.

Member of the European Parliament

MEPMEPsMembers of the European Parliament
Parliament elections, take place every five years, and votes for Members of the European Parliament (MEP) in member states must be organised by proportional representation or a single transferable vote.
Since the ratification and entry into force of the Treaty of Lisbon the adoption of nearly all European Union laws requires the approval of both the European Parliament and the Council of the European Union.

R (HS2 Action Alliance Ltd) v Secretary of State for Transport

R (HS2 Action Alliance Limited) v Secretary of State for TransportR (HS2 Action Alliance Ltd) v SS for Transport
More recently the UK Supreme Court noted that in R (HS2 Action Alliance Ltd) v Secretary of State for Transport, although the UK constitution is uncodified, there could be "fundamental principles" of common law, and Parliament "did not either contemplate or authorise the abrogation" of those principles when it enacted the European Communities Act 1972.
R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3 is a UK constitutional law case, concerning the conflict of law between a national legal system and European Union law.

Opinion 2/13

However, in Opinion 2/13, after a request by the Commission to review their plan to accede, the Court of Justice (in Luxembourg) produced a five main reasons why it felt that the accession agreement as it stood was incompatible with the treaties.
Opinion 2/13 (2014) is an EU law case, concerning the accession of the European Union to the European Convention on Human Rights, and the [[Relationship between the European Court of Justice and European Court of Human Rights|power struggle]] of the Court of Justice of the European Union to maintain its perceived preeminence.

Pubblico Ministero v Ratti

Pubblico Ministero v. Ratti
So, in Pubblico Ministero v Ratti because the Italian government had failed to implement a Directive 73/173/EEC on packaging and labelling solvents by the deadline, it was estopped from enforcing a conflicting national law from 1963 against Mr Ratti's solvent and varnish business.
Pubblico Ministero v Ratti (1979) Case 148/78 is an EU law case, concerning the conflict of law between a national legal system and European Union law.