U7-Development, legal foundation and dynamics of the EU

The EU Institutions p430-449

The European Council

general political directions

provides the momentum

Consist of heads of State or Government of the member states

meeting at least twice in 6 months

election of its president by qualified majority for 2,5 years

the Council

exercises legislative and budgetary function

policymaking and coordination of the Union

acts by qualified majority

the European Parliament

exercises legislative and budgetary function with the council and it has political control

elects president of the commission

composed of representatives of the Unions' citizens

members are elected for 5 years

ordinary legislative procedure

the European Commission

fully independent institution

motor of integration - promoting the general interest of the union

monopoly of initiative - EU legislative acts may be adopted only on the basis of Commission's proposal

guardian of the EU law - ensures the application of the EU law

executes EU budget

the Court of justice of the EU

Court of Justice

General Court

1 judge from each member state (27)

2 judges per member state

ensures that the law is observed in the interpretation and application of the treaties

exclusively authorised to review the legality of the acts of the EU

The source of EU law p449-465

Primary law

sources

law that has been created directly by the member states

it contains of all treaties amending and suplementing primary law

these and other create the constitution

EU competences

principle of conferral

principle of subsidiarity - Art 5 par3 of TEU

principle of proportionality

all of them are laid down in the TFEU

Legal acts

binding

not-binding, (Recommendation and opinions)

Regulations

general application

Directives

Decisions

direct application in all member states - they don't have to be transposed into national law

order of result to be achieved in the member states, not the form of the achievement

hierarchy

delegated legal acts

inplementing legal acts

Judicial protection in the EU p466-467

infringement proceedings

preliminary references

annulment actions

in case of violation of the EU law by a member state

review of the laws and making sure they are in line with the EU law.

when the EU law is questioned the CJEU is there to either justify or change the given law

EU law as supranational law p468-482

Direct effect (DE)

Supremacy of EU law

EU law takes generally precedence over national law

Direct effect, Supremacy, ...

college vote system