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IT law

L5

QuestionAnswer
What is a legal source? It refers to the origin and creation of a law
Sources of EU law CFEU, TEU, TFEU, Regulations, Opinions
Treaties and charter The treaties are considered primary sources and the charter of the Lisbon treaty has their same legal value (Art 6 TEU)
Laws made by the EU institutions It is a secondary legislation, consisting of legislative acts: - Regulations, directives and decisions - Non legislative: legal instruments, non-binding
Regulations features: - Union nature: same law applied in all the union Member states have to follow them completely - Direct applicability:
What is a legal source? It refers to the origin and creation of a law
Sources of EU law CFEU, TEU, TFEU, Regulations, Opinions
Treaties and charter The treaties are considered primary sources and the charter of the Nice treaty has their same legal value (Art 6 TEU)
Laws made by the EU institutions It is a secondary legislation, consisting of legislative acts: - Regulations, directives and decisions - Non legislative: legal instruments, non-binding
Regulations features: - Union nature: Same law applied in all the union Member states have to follow them completely - Direct applicability: Eu laws impose duties and ensure rights as national laws Member states bound by EU institutions
Directives features: - Reconcile the EU laws with the national laws, guaranteering their respect - Aim: remove conflicts and build a single market - State members are binded by the law but they have the liberty to decide how to implement it in their system (EU verifies them
Decisions features: - Addressed to certain MS (binding) - Generally addressed
Recommendations and Opinions features: - Political, moral and non-binding scope - To individuals or MS Rec: No legal binding to subjects (art 117 TFEU) Op: From EU institutions, they could pave the way to legal binding actions (258 and 259 TFEU)
How EU laws are made: - The adoption of legislative acts is a co-decision between parliament and Council (art 289 tfeu) - Parliamentary consent procedure to make certain legal effects - Non-legislative acts --> simplified procedure way - Special procedure to implement acts
Procedure order: Commission: formulation stage Parliament: First/second reading Council: Cooperate with the parliament
Direct effect: C-26/62 Van Gend En Loos EEC established a common market, but the community constituted a new legal order of international law to benefit their MSs despite their sovereignty limitations.
Primacy: C-6/64 Costa V Enel EEC treaty has created its own legal system that became part of the legal system of each MS MS can no more accord unilaterally over the legal system Community law is the same to each member
Consequences of primacy: C-106/77 SIMMENTHAL Every MS has to apply EU law and sets aside any possible national legislative conflict
Created by: user-1808393
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