Summary of European Law

A voting system where a decision is made by a majority of member states, not requiring unanimous agreement.

The standard legislative procedure in the European Union, where the European Parliament and the Council of the European Union share equal power in lawmaking.

The role of the President of the European Council is to chair meetings of EU heads of state or government.

The High Representative for Foreign Affairs and Security Policy coordinates the foreign policy of the European Union.

The Treaty of Maastricht, signed in 1993, established the European Union (EU) as we know it today.

The Council of the EU uses different voting mechanisms depending on the issue. The most common is Qualified Majority Voting, where 55% of EU member states representing at least 65% of the EU population must agree.

When a decision requires agreement from ALL member states, it is called Unanimity Voting. This is used for highly sensitive or controversial issues in the Council.

For less important decisions, the Council uses Simple Majority Voting, meaning more than half the member states must agree.

The special Qualified Majority used in the Council requires at least 72% of member states representing 65% of the EU population to agree. This is used when there's a disagreement between the Commission, the Parliament, and the High Representative.

The Council is a key institution of the EU, responsible for coordinating foreign affairs, managing the budget, and approving legislation.

The Council of the EU can make decisions using different voting methods, each with specific requirements.

A blocking minority is a group of Council members representing more than 35% of the EU population who can prevent a decision from being approved.

If a decision requires the agreement of all member states, and there is opposition, a blocking minority can prevent it from being approved.

A restriction on the free movement of goods within the EU that directly discriminates against goods from other member states.

A restriction on the free movement of goods within the EU that indirectly affects goods from other member states, but is not directly targeted at them.

Any measure that hinders the access of products to the market, regardless of whether it is discriminatory or not.

A restriction on the free movement of workers within the EU that directly discriminates against workers from other member states.

A restriction on the free movement of workers within the EU that indirectly affects workers from other member states, but is not directly targeted at them.

Any measure that hinders the free movement of workers within the EU, regardless of whether it is discriminatory or not.

A mandatory requirement that is necessary to protect a public interest, such as consumer safety or public health.

A justification for a restriction on free movement that is proportionate to the public interest being protected.

A legal principle that restricts establishment of a company in a country to companies incorporated under that country's law, regardless of their origin.

The principle of non-discrimination dictates that laws and regulations should not unfairly discriminate against businesses based on their origin.

The company seat principle is justified by the need to enforce national company law provisions, particularly those designed to protect creditors.

Instead of mandating the application of national company law, an information model suggests disclosing the company's legal structure to creditors. This allows creditors to make informed decisions based on the information provided.

The ECJ ruled that the minimum capital requirement imposed by Dutch law on an English company was unnecessary and discriminatory. Creditors are already informed of limited liability through the company's suffix (e.g., Ltd.), rendering a minimum capital requirement redundant.

The European Council is a key EU institution composed of national leaders, the Council President, and the Commission President. It focuses on setting overall political directions and strategies for the EU.

The President of the European Council is elected by the heads of state or government and represents the EU in international relations.

The European Parliament is directly elected by EU citizens, representing their interests in shaping European laws.

The European Parliament has the power to amend legislation proposed by the European Commission. This power ensures that the Parliament's voice is heard in shaping EU laws.

Article 294 of the Treaty on the Functioning of the European Union (TFEU) established a new procedure for making EU laws, giving the European Parliament a more active role.

The European Parliament and the Council of Ministers work together to pass laws. They both have the right to propose amendments during the legislative process, which ensures shared responsibility in decision-making.

The European Commission drafts legislative proposals and submits them to the European Parliament and the Council of the European Union. While the Parliament can propose changes, the Commission is responsible for initiating the lawmaking process.

The European Commission is the executive arm of the EU, responsible for implementing EU laws and policies. It also plays a crucial role in proposing new legislation.

The transfer fee compensates the club for its investment in player development, aiming to protect the club's financial stability and encourage youth talent development.

Quotas limiting foreign players in a sport are considered discriminatory and disproportionate, hindering the free movement of players and potentially harming the sport's competitiveness.

In the context of the EU, the freedom to provide services allows a company to offer services across borders, even if it is based in a different member state.

Saeger/Dennemeyer case involved a German patent attorney suing a British firm for offering patent extension services in Germany. The German court ruled that German law reserved these specific services for patent agents.

An indistinct hindrance limits access to a market without explicitly targeting a certain nationality or origin, but still creates disadvantages for non-locals.

Restricting the freedom to provide services can be justified if it addresses a significant public interest concern, such as protecting consumers or ensuring the integrity of a profession.

The restriction must be proportionate to the desired public interest objective, meaning it should not be excessively burdensome or unnecessarily restrictive.

The restriction should only be imposed if it is truly necessary to achieve the public interest goal, meaning there should be no less restrictive alternative available.