Presentation on theme: "1 SOURCES AND SCOPE OF COMMUNITY LAW Michele Colucci Web site: PARMA 24-25 November."— Presentation transcript:
1 SOURCES AND SCOPE OF COMMUNITY LAW Michele Colucci E-mail:firstname.lastname@example.org email@example.com Web site: www.colucci.eu www.colucci.eu PARMA 24-25 November 2007
2 PRIMARY LEGISLATION TREATIES –Created directly by Member States –BODY, PROTOCOLS: legal binding –DECLARATIONS: political value
3 Secondary Community Law (art. 249 EC) REGULATIONSDIRECTIVESDECISIONSRECOMMENDATIONSOPINIONS ALL CREATED BY EU INSTITUTIONS
4 REGULATIONS GENERAL APPLICATION, BINDING IN THEIR ENTIRETY, DIRECTLY APPLICABLE IN ALL MEMBER STATES To ensure the Uniform application of Community Law in all MS To prevent the application of national law incompatible with their content National implementing measures also if expressely provided
5 DIRECTIVES I BINDING WITH REGARD TO THE RESULTS TO BE ACHIEVED MS HAVE THE CHOICE ON HOW TO IMPLEMENT ADDRESSED TO SEVERAL OR ALLMS
6 DIRECTIVES II Discretion in transposition but within the period laid down in the Directive To ensure the effectiviness of Community law (art. 10 EC): « Effet utile » To provide legal security and legal clarity To provide legal security and legal clarity To establish an actionable legal position for individuals No blocking effect of Directives
7 DIRECTIVES III DIRECTLY APPLICABLE when: 1.The period of transposition has expired and 2.The provisions of the directive are imperative as to their substance 3. The provisions confer rights on individuals. Individuals may cite the provisions before all bodies in whom State power is vested (Fratelli Costanzo Case - 103/89)
8 Direct applicability If 1 and 2 are fulfilled:MS have a legal duty to comply with the untransposed directive If 1 and 3 are fulfilled: no direct effect if « horizontal effect » –« Faccini Dori case »
9 Compensation In case of non transposition or inadequate transposition: –Rights on individuals –Substance of the rights can be ascertained on the basis of the directive –« casual connection » between the breach of the duty of transposition and loss sustained by the individual (Francovich case) –Violation must be substantial and evident –(Brasserie du Pêcheur/ Factortame, case 46/93)
10 DECISIONS Binding in their entirety to the addressee(s) Regulate circumstances vis-à-vis specific entities addressed thereby If contain obligations on MS, then it is necessary to have a transposition act
11 Recommendations and Opinions No binding force Do not establish any rights or obligations
12 THE EC INTERNATIONAL AGREEMENTS AGREEMENTS WITH ALL COUNTRIES AROUND THE WORLD Association Agreements Co-operation Agreements Trade Agreements
13 GENERAL PRINCIPLES OF LAW and LEGAL CUSTOM GPL: principles common to the legal orders of the MS Legal Custom: practice followed and accepted and thus become legally established
14 THE LEGISLATIVE PROCESS CONSULTATION PROCEDURE CO-OPERATION PROCEDURE (Art. 252 EC) CO-DECISION PROCEDURE (ART. 251 CE)
18 PROCEDURE FOR IMPLEMENTING MEASURES The « Comitology procedure » Decision 1999/468/EC (amended): Advisory Committee Procedure Management Committee Procedure Legislation Committee Procedure All representatives of Member States.
19 INTERNAL MARKET Legal basis Free Movement of: – –Goods (articles 23-31), – –Persons (workers) (articles 39-42) – –Right of establishment (articles 43-48) – –Services (articles 49 -55) – –Capital (articles 56-60) Objective: to ensure the free flow of goods, capital, people, and services within the Internal Market, and to remove any barriers thereto Principles: mutual recognition and ban of discrimination
20 Competition Rules Legal basis: Articles 81-89 EC, 94-97 EC Objective: to ensure undistorted competition within the IM Prohibits all practices that may distort interstate commerce : – –price-fixing; – –limiting or controling production, markets, technical developments, or investments; – – sharing markets or sources of supply; – – applying dissimilar conditions to trading partners to place them at competitive disadvantege, etc.). Prohibits state aid that may distort interstate commerce
21 CONSUMER PROTECTION Legal basis: Articles 153, 94-97 EC Objective: to protect the health, safety and economic interests of consumers, to promote their right to information, education and to organise themselves; consumer protection requiremens must be taken into account in all Community policies. Community bodies: lawmaking (Commission, Council, Parliament: COD, QMV, ECOSOC), oversight and enforcement (Commission).
22 PUBLIC HEALTH 1 Legal basis: Article 152 of the EC Treaty Objectives: a high level of health protection in all EU policies, to improve public health, preventing diseases, obviating sources of danger to healt, to reduce drugs-related health damage, reearch into causes. Disease prevention and controll, regulation of tobacco, regulation of drugs, blood transfer and human organs, food safety, policy co-ordination and conserted action,research, education and information.
23 PUBLIC HEALTH 2 Lawmaking bodies: (Commission, Council, Parliament: COD, QMV, ECOSOC, CoR) Oversight and enforcement (Commission), Information exchange and co-ordination (European Monitoring Centre for Drugs and Drug Addiction, European Food Safety Authority, European Agency for the Evaluation of Medicinal Products, European Centre of Disease Prevention and Control, European Food and Veterinary Office).
24 THE SYSTEM OF LEGAL PROTECTION I TREATY INFRINGEMENT PROCEEDINGS (art. 226 EC ): Commission v. MS ACTIONS FOR ANNULMENT (art. 230 EC): for acts of Council, Commission, EP, ECB. COMPLAINTS FOR FAILURE TO ACT (art. 232 EC):against Council,Commission, EP, ECB. ACTIONS FOR DAMAGES (artt. 235 and 288 EC): citizens and MS against EC Staff for fault PROVISIONAL LEGAL PROTECTION (art. 242 and 243 EC): suspension or interim court order
25 THE SYSTEM OF LEGAL PROTECTION II PRELIMINARY RULINGS –Subject matter: interpretation of community acts –Capacity to proceed: « All Courts of the MS » –Obligation to refer when there is no judicial remedy –Effect: Directly binding
26 CONCLUSIONS ALL ROADS LEAD TO ROME, BUT FIRST … GO THROUGH BRUSSELS!