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Introduction to international and European law - Coggle Diagram

- - - - Internal self-determination (autonomy)
        The right of people to pursue political, economic, social, and cultural development within the framework of an existing state
        Examples are also local government
      - External self-determination (option of seceding)
        The right of people to determine their own political status and to be free from foreign domination, including the formation of their own independent state
        
        The legality of secession under international law
        The right to external self-determination only applies to extreme cases of foreign subjugation, domination or exploitation. These people have the right to establish their own independent state
        For people that are not oppressed by foreigners or colonizers the the right for secession also exists. Remedial secession is the right for self-determination outside of a colonial context
        
        The succession of rights and duties in (new) states
        When a state disappears or is replaced with a new one
        State succession concerns the replacement of one state by another in the responsibility for the international relations of territory
        The practical ways of dealing with state succession vary from case to case, and in many cases the 'old' and the new states will settle the main issues in a bilateral treaty. It is important to establish whether the new state is a successor of the predecessor or not
        
        Successor or not
        For international law it is important if the seccessor state should be regarded as a continuation of the pre-existing state, to determine whether it is bound by the treaties concluded by its predecessor
        Mostly, international law seems to adopt the "clean slate" approach to answer these questions. This means that new states are not bound by the treates concluded by its predecessor, and that the state is free to become a party
        There are a few exceptions to this principle that are guided by the principles of stability and predictability, and by elementary considerations of human rights:
        1. Uti possidetis juris (UPJ)
        2. Obligations under human rights and humanitarian law conventions
        
        1. Uti possidetis juris (UPJ)
        A principle of customary international law according to which treaty-created geographical boundaries remain in force, whether or not the boundaries coincide with ethnic, tribal, religious, or political borders. Has been practiced in decolonization of Africa
        It can also be possible to apply this principle to internal borders
        
        2. Obligations under human rights and humanitarian law conventions
        These rights are protected despite of the "clean slate" approach to protect human rights if the state has not (yet) decided to join the human rights convention
  - - - Circumstances precluding wrongfulness
        The ILC lists a number of circumstances that serve as justifications for not complying with an international obligation
        The following:
        
        Consent (art. 20 ILC): A valid consent by the others state should be given to violate a part or the whole agreement, before the violation has been committed
        
        Self-defense (art. 21 ILC): The unlawful act of a state is precluded if it constitutes as a lawful measure according to art. 51 of the UN Charter
        
        Lawful countermeasure (art. 22 ILC): The wrongfulness of an act of a state is precluded if it is a justifiable countermeasure taken towards another state.
        Countermeasures are described in art. 49-54 ILC. The purpose of these countermeasures are to pressure states into conforming with international law, so these should be lifted as soon as the other state adheres to international law. Furthermore, these measures can only be taken when every other step has been taken, and the reciprical state must be notified accordingly
        
        Force majeure (art. 23 ICL): The wrongfulness of an act is precluded if an act is force majeure, which means that there is an unforeseen event, beyond the control of the state, making it materially impossible to perform the obligation
        
        Distress (art. 24 ILC): When it comes to distress, the state could have prevented it, but at an unreasonably high cost. In this case the state can be precluded for not fulfuilling obligations
        
        Necessity (art. 25 ILC): In case of necessity a state may decide not to perform an obligation to protect the essential interest of the state. Because if it would fulfill, it would put the state itself in grave and imminent danger, and performing obligation would be a lesser urgency
  - - - 1. Art. 42 UN Charter
        The use of force is authorized by the United Nations Security Council (UNSC). The council is made up by 15 member states. 10 rotate every year, and the 5 others are Britain, France, the US, China and Russia. These members have the power to veto
        This is discussed in the Chapter VII of the United Nations Charter
        The council can make binding and non-binding resolutions. To determine this, language should analyzed (Namibia case)
        
        Chapter VII of the United Nations Charter
        The council controls the military and nonmilitary powers to promote peace and stability. The council votes on the respons
        
        Art. 39 of the UN Charter
        The council shall determine the threath to peace and stability and make recommendations for proper respons according to Articles 41 and 42 of the UN Charter
        
        Art. 40 of the UN Charter
        The council can call upon the member states for a temporary measurement to be taken until later concessions
        
        Art. 41 of the UN Charter
        The council may decide what non-coercive measure could be taken, such as economic sanction, trade restrictions, and the establishment of court and military tribunals
        
        Art. 42 of the UN Charter
        The council has the authority to mandate actions by air, sea, or land
        
        Limits on the security council's power
        Council is bound by:
        
        Principles formulated in art. 1 and 2 UN Charter
        
        Council can only use force to deal with threats to international security and stability
        
        Council cannot oblige states to disregard jus cogens
        
        Council must respect human rights
        
        An ombudsperson is able to review cases handled by the council
      - Self-defense
        Conditions for self-defence
        
        Armed
        
        Necessity
        
        Proportionality
        
        Immediacy
        
        Armed
        Constitutes a military and armed attack of a certain intensity
        
        Self-defense against a non-state actor
        Traditionally, self-defense can only be invoked against another state. However, after 9/11 the US wanted to invade Afghanistan the security council rules that self-defense can also be invoked against non-state private actor if the conduct is attributable to the state. This ruling remains controversial
        Self-defense for imminent threats
        Art. 51 UN Charter states that the right to self-defense can be triggered if the attack forms a sufficient threat. Self-defense can also be invoked if an attack seems imminent to occur. This is called anticipatory self-defense. However, pre-emptive self-defense is never allowed
        Self-defense is also not to be used as revenge or punishment
        Self-defense can only be used according to necessity, proportionality, and immediacy
        For these three reasons force by self-defense is often controversial
        
        Necessity
        Means that no other means to peace are possible before resorting to self-defense
        Necessity also means that there needs to be a direct link between the attack and the reaction. If a state strikes a military base, the other state should not resort to striking the presidential palace but for example another military target
        
        Proportionality
        Requires that in self-defense there needs to be a fair balance between the armed attack and the measures to stop it
        Carolina formula: The act must remain clearly within the bounds of that necessity
        
        Immediacy
        The self-defense must be taken either while the attack is still in progress or not too long thereafter
        
        Contentious use of force
        There are three forms of contentious use of force:
        
        Use of force to rescue nationals abroad
        
        Unilateral humanitarian intervention
        
        Using force to deter chemical warfare
        
        Collective self-defense
        Art. 51 UN Charter permits collective self-defense. It is necessray for the assisting state to have been given consent for assistance by the attacked state. This problem also emerged in the Nicaragua case
    - - Negotiation
        To settle a dispute without force parties must negotiate the terms. At first without the intervention of a third party
        The ICJ clarified in the North Sea Continental Shelf Case that three requirement must be fulfilled in terms of conduct:
        
        Obligation to enter negotiation in good faith
        
        Obligation to meaningfully engage
        
        Obligation to not jeopardize the process
      - Negotiation with third party
        When negotiation does not work a third party can be asked to become involved
        Steps will be taken:
        
        FInding a Good office
        A neutral and trustworthy party will be found to act as middleman to resume the negotiation process
        
        Mediation
        The good offices often evolve into mediators. They identify and explore the parties' interests to mediate and negotiate a good outcome. This is an informal process, and the suggestions form the good office are not binding
        
        Commission of inquiry/Fact-finding mission
        When the parties cannot argee about factual circumstance surrounding the dispute, they can appoint an impartial commission of inquiry to ascertain relevant fact. A commission can also be established by the council
        
        Conciliation
        The third party is acting as tribunal, where the two parties submite their disputes the conciliator examines the disputes accordingly
      - Adjudicatory means of settling international disputes
        Refers to where a third party has the final say in regards to settling a dispute through arbitration or through the ICJ
        Arbitration is an ad hoc process initiated by the states in dispute. It is similar to a trail and the ruling on the case is final and binding
        This can also be achieved by the ICJ
        
        International Court of Justice
        This judicial body of the UN is a permanent body. And unlike arbitration courts established for solving disputes, this body will not be disolved following the ruling on the dispute
  - - - Breach of a binding international obligation
      - The actor needs to be attributable to the state
      - Who can invoke a breach of international law?
        Injured states can invoke a breach of international law, if it affects the other state individually, or if the obligation is owed to a group of states and it specifically affects one state or all states (art. 42 ICL)
        A state does not have to be injured to invoke a breach if an obligation is breached is owed to a group of states, and this state acts in protection for the group as a whole. Or if it is a breach in violation of the international community as a whole (art. 48 ILC)
    - - Cease the act
        Stop the wrongful act immediately
      - Offer assurances of non-repetition
        Give formal assurances that it would not happen again
      - Claims that can be made by an injured state
        Injured states can claim reperation for injury (art. 34 ASR)
        
        Restitution (art. 35 ASR)
        The injured state can claim restitution, which means that the injuring state has to do everything it can to restore the situation as before the wrongful act
        
        Compensation (art. 36 ASR)
        In cases where restitution is not possible, a state can be ordered to pay compensation
        
        Satisfaction (art. 37 ASR)
        The state that became vistim of wrongful conduct can ask for satisfaction, which is a formal acknowledgement and apology from the injuring state
        
        Additional consequences in the case of violation of a peremptory norm (art. 41 ARS)
        In case a peremptory norm (ius cogens) is violated, not just the injured state, but all state are obliged to:
        
        Refrain from recognizing that conduct as lawful
        
        Refrain from rendering assistance to the injuring state
        
        Cooperate to bring the breach to an end
      - State refuses to give any reparation
        The decisions by the ICJ are binding. But if the injuring state does not comply with the ruling the injured state can pressure the injuring state with retorsion or reprisal (art. 49-52 ASR)
        
        Retorsion
        This is not a breach of international law, it is just an unfriendly act. Including diplomatic pressure or cutting off diplomatic ties
        
        Reprisal
        Reprisal is a more serious measure and a wrongful act under international law. It involves suspending treaties or trade restrictions
        This is only allowed under a breach of international law
- - - - State practice
        Can be devided into 3 elements
        1. Consistency
        2. Duration
        3. Generality
        
        1. Consistency
        State practice needs to be reasonably uniform, but can be slightly deviated from. So, the general consistency of the core of that conduct is relevant. Which means that slight deviations are allowed
        Breach of the conduct is treated as a breach of the rule (Nicaragua case)
        
        2. Duration
        Normally, a practice establishes itself gradually over time, through years of repeated behavior
        However, the North Sea Continental Shelf Cases states that the length of duration is not the only criteria for the formation of a new rule. There are examples of instant custom where a rule has not been based on the length of the duration of such practices
        
        3. Generality
        This element includes the question of how widespread participation in the practice is. While unanimity is not required, practice should include the majority of states
        As the ICJ has indicated in the North Sea Continental Shelf case, the practice of the states whose interests are affected are the most relevant
      - Persistently objecting
        A persistent objector is a sovereign state which has consistenly and clearly objected to a norm of customary international law. When the norm is then formulated that state will be exempt from this international law
        This rule is an example of the positivist doctrine that a state can only be bound be the norms to which it has consented
        
        Limits to the persistent objector
        
        No objection against imperative norms
        So no objection against norms around fundamental values in international law, such as human rights
        
        Can only object to an emerging rule
    - - The relationship between customary law and treaty law
        States are bound by the treaties they form. Customary law is binding to the extent that it is regularly practiced. Therefore, these are often identical
        They do not have a hierachical relationship towards each other
        In the Nicarague case it was determined that where customary law and treaty law are identical, treaty law takes over. This phenomenon, where customary law becomes binding, is called the crystallization of customary international law
        
        Customary law and treaty law conflict
        Usually treaty law would prevail. However when a customary law arises after the conclusion of the treaty, the customary law prefails on the basis of lex posterior, which says that the more recent law prevails
        In case of divergence between treaty law and customary law, the treaty law prevails on lex specialis
    - - Judicial decisions
        Even though judicial decisions are important for interpretations of the law, it is never a primary source of law, but a subsidiary. Because the court cannot create law, only apply and interpret the law
      - Hierachy international law
        International law is in principle horizontal because there is no higher legislative body than the participating states
        There are exceptions of certain values that carry more weight
        
        Peremptory norms/ius cogens
        Are norms of fundamental value to the whole community, such as genocide, torture etc. There is no list of these norms
        No derogation is permitted according to Article 53 VCLT
        Only norms of the same weight are able to overcome these norms
        
        Obligations ergo omnes
        These are the obligations a state has, not just towards one state, but to the international community as a whole. Therefore, the breach of such an obligation cannot only be invoked by the injured state, but also by other states Art. 48 ARSIWA
        Typically the ius cogens will create ergo omnes
        For example: An Italian citizen in tortured in Albania. Italy can invoke the breach of these norms, but so can every other state
        
        Obligations under the UN Charter
        Obligations under the UN Charter are obligations that are considered of superior normative value in case of a conflict with another treaty
        However, UN Charter cannot be used to violate any ius cogens norms
- - - - Legal consequences of allowed reservations
        Reservations have to be accepted by at least one state in order to become effective. Four possible situations (art. 20-21 VCLT):
        
        State accepts
        Treaty comes into force between the reserving state and the accepting state
        
        Treaty remains silent
        After 12 months the reserved treaty comes into force
        
        The state objects to the reservation, but not oppose entry into the treaty
        
        A state opposes entry into force
        Treaty does not come into force between the states
    - - Withdrawal
        Means that the state decides to denounce/leave the treaty. If the treaty provides for it, it is possible by all means. If it is not clearly stated in the treaty, the states will have to apply art. 56 VCLT, art. 60 VCLT, art. 61 VCLT, or art. 62 VCLT
        
        Art. 56 VCLT
        A treaty contains no provision regarding its termination, and which does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal it is established in the treaty, or is implied in the treaty
        
        Material breach - Art. 60 VCLT
        A state or party can invoke material breach if another state has made a material breach of the treaty. The treaty can then be terminated. The breach needs to be material, so breaches the core values and intentions of the treaty
        
        Supervening impossibility of performance - Art. 61 VCLT
        A party may invoke the impossibility of performing a treaty as ground for terminating or withdrawing form a treaty if impossibility to perform results from natural occurances
        For example:
        River runs dry. The two parties can than suspend a treaty on water usage
        
        Fundamental change of circumstances - Art. 62 VCLT
        A fundamental change of circumstances can allow for a termination of the treaty if, the existing circumstances formed the basis for consent for the treaty, or if the changes are radically transforming the obligations of the treaty
- - - - Provisional measure (art. 41 ICJ Statute)
        The court has the authority to indicate provisional measure temporarily stop conduct, if it deemes necessary. This would be awaiting the court's final decision. It must however, have a direct link with the case and there must be an urgent need for action
      - Advisory opinions (art. 65 ICJ Statute)
        The Security Council and the General Assembly are the only two organs that can ask the ICJ for advisatory opinions on legal matters art. 96 UN Charter
        Although these opinions are important, they have a non-binding character
- - - - Elective powers
        The Council (made up of the member states) proposes the president and the college of commissioners. The parliament can only reject all of them at once
        If trust in the commission is lost, the parliament can file a motion of censure (art. 234 TFEU), which would oblige the commission to resign
        A motion of censure cannot be file against a single commissioner. Only the president of the commission can do this, and can be asked to do so by parliament. If the president does not request resignation of the commissioner in question, she must explain to parliament why
      - Composition of the parliament
        According to art. 14 (2) TEU, the members of the parliament are the representatives of EU-citizens, and do not represent their country or countrymen
        EU parliament has a maximum of 751 member (750 representatives+president). However, today only 705 remain because of Brexit. British left, seats remained but unfilled. Are elected every 5 years
        The seats are divided by the degressive proportionality system so the smaller states would not be electorally dominated by the states larger in population. It therefore gives a more proportional representation
    - - The composition of the council
        All national governments of memberstates are represented in the council by a representative minister. They are able to vote on behalf of their member state. As a rule it is the minister or state secretary on that portfolio that will represent the state in the council on that particular topic. However, other ministers can also be representatives
        The presidency of the Council rotates every six months among the member states. Close cooperation between three subsequent member states called 'trio's' will set an agenda for the next 1,5 years to have some continuity
        The Council has also developed the Committee of Permanent Representatives , also known as Coreper (art. 16(7) TEU and art. 240(1) TFEU). The corepers form a committee of 27, that does the preparation work for the Council, including negotiations
        The Permanent Representative in the Council is the ambassador of the member state in Brussels
      - Decision-making and voting
        The Council will meet in Brussels to decide. The meetings are devided in two parts:
        
        Legislative activities
        
        Non-legislative activities
        
        Dealing with legislative activities
        
        Council meets in public
        
        Committee will attend, but has no voting power
        
        To be able to vote, the majority must be present
        
        The voting method of the council depends on the policy area but is either: Unanimity voting or majority voting that depends on the subject (art. 238 TFEU and art. 16(4) TEU)
        
        Unanimity voting
        Usually, in international law a unanimity vote is needed to change international law. But is the EU it rarely is the case
        
        Qualified majority (art. 16(4) TEU)
        For most proposals a qualified majority is needed op at least 55% (15/27 member states). These states must collectively represent al least 65% of the EU population
        A blocking minority requires at least 4 member states or 3 of the most populous countries against the 24 others countries
        However, according to the Ioannina Compromise, despite of the formal existence of the double majority to negotiations must continue until no more than 1/4 of the states and 1/5 of the population opposes the decision
    - - Composition of the European Commission
        The Commission consists of 27 commissioners, one from each member state. A commissioner is responsible for one or more policy areas. The president is the leader of the commission and must carry out decisions under this authority
        Commissioners operate in complete independence and should operate in the interests od the Union, not just their country. Member state must refrain from giving their commissioner instructions
  - - - Definition of competences
        The material fields that the EU is entitled to legislate (art. 2(6) TFEU) are described under certain Treaty titles. To interpret if the EU is entitled to legislate the defintions and meaning of these titles would have to be interpreted. Under what title would this legislature fit?
        
        Different types of competences
        Art. 2 TFEU laid down a distinction of types of competences of the EU:
        
        Exclusive competences (art. 2(1) and 3 TFEU)
        
        Shared competence (art. 2(2) and 4 TFEU)
        
        Coordinating competence (art. 2(3) and 5 TFEU)
        
        Supporting competence (art. 2(5) and 6 TFEU)
        
        Exclusive competences (art. 2(1) and 3 TFEU)
        Powers that are exclusively held by either the member state, or the EU
        In the European legal order, exclusive competences are defined as areas in which only the Union may legislate and adopt legally binding acts.
        Five constitutionally fixed exclusive competences are mentioned in Art. 3(1) TFEU:
        
        The customs union
        
        The establishment of competition rules necessary for the functioning of the internal market
        
        Monetary policy for the member states whose currency is the euro
        
        The conservation of marine biological resources under the common fisheries policy
        
        The common commercial policy
        
        The doctrine of the implied external powers
        The EU is an organization with its own international personality, and can therefore make agreements with other states and international organisations
        They enable the EU to make obligations towards other non-EU entities in the fields covered by the EU
        This is called an external competence and means that the EU can adopt agreements in fields, and member states may not adopt any agreements in these same fields (art. 3(2) TFEU)
        After the ERTA case ruling the implied powers doctrine was developed that stated that whenever there is an internal competence, there is automatically also an external competence. This external competence is then also an exclusive competence
        If a member state would enter an agreement with another state, without consulting the EU, it could come into conflict of interests
        
        Shared competence (art. 2(2) and 4 TFEU)
        Shared competence is when both the EU and the member state are authorized to make the legislature. However, they are prohibited from making legislature at the same time. The member state may only legislate parts that the EU has not legislated (yet)
        Once the EU has acted and made legislature, the competence of the member state to legislate has stopped. Furthermore, the existing national legislature must be disapplied
        
        Coordinating competences
        In fields where the EU has no competences, the EU can give guidelines for better cooperation. These are not binding and could be seen as arrangement and recommendations for better cooperation between member states. However, these competence remain largely undefined
        
        Supporting/complementary competence
        Supporting competences are those where the EU can support member states action, and this is mostly done by financial means
        Education is a contentious policy where the EU is not allowed to interfere, but it has the funds available to support certain education policies
        Art. 6 TFEU lists several areas where complementary competences are used
        The EU is prohibited to harmonize the legislation of member states for the competences namen in art. 6 TFEU
        
        General competences
        The competences of the EU have been stipulated in the treaties between the member states. However, the EU enjoys two general special competences:
        
        Art. 114 TFEU - Harmonization competences
        
        Art. 352 TFEU - Residual competences
        
        1. Art. 114 TFEU - Harmonization competences
        The EU has harmonization competences where it has exclusive or shared competences, which is mostly regarding the internal market of the EU
        The interpretation of art. 114 TFEU seemed unlimited, as illustrated in Spain versus Council. However, the constitutional boundries were eventually illustrated in the Tobacco Advertising Case
        
        2. Art. 352 TFEU - Residual competences
        Residual competences refer to the ability of the EU to act in areas not explicitly covered by the treaties, when necessary to achieve the Union’s objectives
        Because these residual competences work outside of the boundries created by treaties, a unanimous vote (all member states) is always needed in the Council. Also, a majority in parliament is needed
        Art. 352(1) TFEU refers to this procedure
        
        The principle of subsidiarity
        The EU has competences (shared, coordinating or exclusive competences). The principles layed down in art. 5 TEU (proportionality, subsidiarity, and conferral) stipulate how the EU is allowed to use these competences
        The principle of subsidiarity is layed down in art. 5(3) TEU, as a principle of cooperative federalism, where the a general government interacts accordingly with regional governments
        The principle of subsidiarity rests on two principles:
        
        National insufficiency test: the Union can only act where the proposed objectives could not sufficiently be realized by the member states. Also called the absolute test or the negative element
        
        Comparative efficiency test: the Union should not act unless it is in a better position to achieve the goals of the proposed action. If this need is demonstrated, the intensity and the form they should take flows from the principle of proportionality. Also called the relative test or the positive/affirmative element
        
        The competences layed down in art. 3 TFEU (exclusive competences) are not governed by this principle
        
        Application of the principles
        According to art. 1 Protocol each EU institution should respect the principles
        
        Enforcement of the principles
        The CJEU argues that national parliaments are in the best position to discuss whether legislature encroaches on these principles
        These objections can be raised in two ways:
        
        Yellow cart mechanism
        
        Orange cart mechanism
        
        So, national parliament will vote
        Note: Bicameral parliaments get 1 vote per parliament. Unicameral parliament get 2 votes for that one parliament
        
        Yellow cart mechanism (art. 7(2) Protocol)
        
        Applicable in case of ordinary and special legislature
        
        More than 1/3 of national parliaments have produced a reasoned opinion stating why the legislative draft does not comply
        
        The EU draft must be received but the Commission can still reject the draft
        
        Orange cart mechanism (art. 7(3) Protocol)
        
        Only applicable in case of ordinary legislature
        
        A majority of national parliaments have produced a reasoned opinion stating why the legislative draft does not comply
        
        The Council and Parliament will review the legislature. If one of the legislators rejects the proposal it will be rejected as a whole
        
        Principle of proportionality
        Has three subprinciples that will determine the different degrees of intrusiveness
        
        Causality test/appropriateness
        It has to contribute to the achievement of a specific objective. There has to be a causal relationship between measure and objective
        
        Necessity test/least restrictive measure test
        This test examines whether or not to measure goes beyond what is necessary to achieve in its stated objective
        
        Proportionality strictu sensu of the chosen measure
        This test weighs the objective of the measure against the different interests
    - - Primary law
        Consist of the treaties negotiated by the member states of the European Union that established and expanded the EU and its predecessors
        The first that was concluded was the Treaty of the European Economic Community of 1958. The last revision was the Treaty of Lisbon from 2009, that created the treaty system today
        Primary EU law always has direct effect
        
        The Treaty on the European Union (TEU)
        
        The principles and values of the EU
        
        The main objectives of the EU
        
        The role of the main institutions of the EU
        
        The rules governing the common foreign and security policy
        
        The Treaty on the function of the European Union (TFEU)
        
        The delimitation of the EU's competences
        
        The principles of the internal market and the rights it confers on citizens
        
        Specifying the policy areas in which the EU cooperates
        
        The powers and structure of all EU institutions
        
        Defining the decision-making procedures
        
        The Charter of Fundamental Rights of the European Union
        
        Human Rights
        
        Treaty revision - art. 48 TEU
        Treaties may be amended in accordance with an ordinary revision procedure or with a simplified revision procedure
        
        Ordinary revision procedure
        A proposal for an amendment in the treaty is send by a government of a member state, the EU parliament or the Commission, to the Council. The Council will then send the proposals to the European Council
        They will then set up a new draft of the treaty, which will then by send to a conference of representatives. The new treaty will come in effect when ratified by all member states
        
        Simplified revision procedure
        The ordinary rivision can taken a lot of time, so if there is a desire to change something quickly, a simplified revision procedure can take place
        A national parliament, the EU parliament or the Commission will send a proposal to the European Council
        The European Council does not have any decision-making powers, unless primary law is changed under the simplified revision procedure. However, if the European Council adopts the amendments by unanimous vote, the amendments are passed and no ratification is needed
        However, this can only be chosen in a limited number of cases, and can merely be used for Part Three TFEU. Therefore, this procedure cannot be used to increase competences
      - Pyramide
        
        Primary law
        
        International agreements made by the EU
        
        Secondary law
        
        International agreements made between member states
        
        Tertiary law
      - Secondary law
        Consists of law derived from primary law, so the treaties signed by the member states. Secondary law finds its own legal base in primary law. It is adopted when there is a EU competence. It functions to make the primary law applicable
        It is therefore created by the institutions and bodies of the European Union
        They are broken down in art. 288 TFEU as regulation and directives
        
        Regulation
        Regulations are the legal acts that have the most effect on domestic legal systems. Addresses all member states and individuals
        
        Community nature
        The capacity to create the same law thoughout the Union, which is uniform and fully applicable in all member states
        
        Direct applicability
        The same rules apply to everyone in the Union without needing any law on the national level
        
        Directive
        Addresses only member states
        The main purpose of directive is not to create uniform law, but to harmonize legislation. A directive is binding on the member states only with regard to the objective to be achieved. Member states are free to choose the form and means by which they wish to implement these directives within the national legal order
        This results in a two-stage law-making process:
        
        The initial stage: the directive lays down the objective that needs to be achieved at EU level by any or all member states
        
        The national stage: the objective set at the EU level is translated into actual legel or administrative provisions in the member states
        
        Implementation law
        A directive does not impose any rights or obligations to citizens, but to states alone. It therefore needs an implementation law to be translated into national legislature
        
        Decision
        In some cases, the Union institutions are responsible for implementing the Treaties and regulations, and this will only be possible if they are in a position to take measures binding on particular individuals, undertakings or member states. Decisions can oblige such an entity to do or not do something