Questions and Answers
European Union (EU) can take regulation and directives (“can approve regulations”)
concerning only matters expressly given by European Treaties to EU competence;
If a Member State approve – according to its social policy - a less favourable regulation for its citizens and workers than the one granted by an EU directive, which is not responding to self executing characters:
the national judge must continue to apply the national law, but the Commission can refer the question to the Court of Justice to decide economic sanctions for that Member State which has not conformed its national law to European law properly.
The preliminary questions on the correct interpretation of EU Law can be referred to the European Court of Justice (ECJ)
by all the national judges;
A citizen of a State joins the Convention for the Protection of Human Rights signed at Rome on 1950 (ECHR) may apply the Court of Strasbourg claiming to be victim of a violation of the rights set forth in the Convention
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Employed workers and self employed persons:
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If a citizen of a EU Member State has worked in a different Member State, if his/her employment relationship ceases and he/she doesn’t find immediately another employment:
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In pursuance of the Convention of Rome and Regulation 593/2008 on the law applicable to contractual obligations, the employment contract of an French citizen employed by an Dutch company to work permanently in Italy, if the parties have expressly chosen Dutch law as applicable law, is regulated:
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In pursuance of the Convention of Rome and Regulation 593/2008 on the law applicable to contractual obligations, the employment contract of an Austrian citizen employed by a French company to work permanently in Spain, if the parties have expressly chosen French law as applicable law, is regulated:
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In pursuance of the Convention of Rome and Regulation 593/2008 on the law applicable to contractual obligations, the employment contract of an Austrian citizen employed by an Italian company to work continuously in Paris, in absence of choice, is regulated:
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National economic subsidies to unemployed people:
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Study Notes
EU Regulation and Competence
- The European Union (EU) can take regulations and directives only on matters where EU competence is explicitly granted by European Treaties.
- EU can regulate with simple majority approval from the Council on certain matters.
- EU can regulate with qualified majority approval from the Council on certain matters.
- EU can regulate with approval from the European Parliament on certain matters.
National Regulations vs EU Directives
- If a Member State approves a less favourable regulation than an EU directive, a national judge must decide which regulation to apply.
- The national judge can apply the national regulation.
- The national judge can apply the EU directive and nullify the national less favourable regulation.
- The national judge can temporarily suspend the national law and refer an interpretative question to the Court of Justice.
- The national judge can continue applying the national law, but the Commission can refer the question to the Court of Justice to decide on economic sanctions for non-compliance.
Referring Preliminary Questions to the ECJ
- Preliminary questions on EU Law can be referred to the European Court of Justice (ECJ) by certain authorities.
- Only national Constitutional Courts can refer preliminary questions to the ECJ.
- Not all national judges can refer preliminary questions to the ECJ.
- Private parties of a trial cannot refer preliminary questions to the ECJ.
- The Commission cannot refer preliminary questions to the ECJ.
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