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