Summary: Samenvatting Eu Deel
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1 What is EU law and who is bound by it? Subjects and sources
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1.1 The European Parliament
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Who makes legislation in the EU?
there is a joint adoption of legislation by the EP and the Council following a proposal from the Commission. Parliament can only accept or reject legislation. -
How is the European Parliament elected?
The EP consist of 750 members which are directly elected by Union citizens. -
Elective powers of the EP
Parliament mustelect the president of the commission and it must confirm the commission as acollective body. -
1.2 Council of Ministers
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Functions of the Council of the European Union
- legislatie function
- Budgetary funciton
- Policy-Making function
- coordinating function -
1.4 The Court of Justice of the European union (CJEU)
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Where can the court rule on?
The Court can rule on actions brought by a Member State, an institution or a natural legal person, the Court can give preliminary rulings or rule in other cases provided by the Treaties. -
How does the CJEU interpret?
The court interprets in a teleological fashion: the goals (telos) of the EU must be achieved by means of laws that have effect utile. -
1.6 Source of Union Law
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What are framework treaties?
They contain the main principles and it can be toked out later. This show the flexibility of EU law. The Further specification happens by secondary legislation. -
1.8 Direct effect
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Vertical direct effect
An individual invokes European law against a state in a national court -
Horizontal direct effect
When the legal norm is being invoked against a private party. -
Direct effect of directives
Directive have, when the conditions are met, vertical direct effect, but never horizontal.
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