Summary: European Law

Read the summary and the most important questions on European law

• 1 Week 1 Balancing of Interests in the European Union Legal Order

• 1.1 Outline for the Course

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• What are the different dimensions of the balancing process

  1. Vertical
  2. Horizontal
  3. Substantive

• On which idea does the internal market rest upon

  Restrictions to the free movement of all factors of production and products, ie goods, services, persons and capital, are limited

• 1.2 Draft first Chapter

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• Eu interest abstract

  Final goal of the EU is an ever closer union among the peoples of Europe. This is an input of the decision-making process taking place at European Union level

• Enlargement and conferral in relation to EU interest

  These show: influences more and more aspects of life of a growing number of people on a growing territory: EU interest is an ever growing interest

• 1.2.2 From 1952 till 1987: on the edge of a political failure

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• Which two European proposals failed to be established and when?

  European Defence community in 1952 and european political community in 1953

• 1.2.3 The Single European Act 1986 as a turning point of the European integration project

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• How were the supranational elements in the ECSC, EEC and Euratom reinforced by SEA? element 1

  Most notably, by introducing majority voting for the adoption of acts for the establishing of the now called internal market.

• According to SEA, when did the internal market had to be achieved?

  by the end of 1992

• How were the supranational elements in the ECSC, EEC and Euratom reinforced by SEA? element 2

  The creation of a co-operation procedure, in which the European Parliament could reject at first reading the common position of the council on the adoption of a legislative measure.This role was limited because the EP couldn't reject the common position of the council in the second reading. Also, SEA extended competences to new areas, such as environmental policy

• 1.2.6 An autonomous and supreme legal order as a foundation for an ever closer Union

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• positive international law

  refers to those rules which have been written in international arguments, such as treaties. These rules are drafted and agreed upon by the subjects of international law, mostly states, singing these arguments and, accordingly, even after their entering into force, international agreements are not generally binding. Only binding on those subjects of international law who have agreed to be bound by them

• 1.2.6.1 6.1 Autonomy

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• When was autonomy declared for EU

  the Court of Justice declared that European Union law is autonomous from national rules on monism and dualism in 1963 in the case Van Gend & Loos