International and European LAW Summary PDF

**Eerste les 23/09** Op het examen - **[Table of contents]** **[First part: European law]** a. b. c. d. e. f. **[Second part: International Law]** Subject 1: The introduction Subject 2: European law: United in diversity European LAW ***Europe in everyday life*** How is the EU re...

**Eerste les 23/09** Op het examen - **[Table of contents]** **[First part: European law]** a. b. c. d. e. f. **[Second part: International Law]** Subject 1: The introduction Subject 2: European law: United in diversity European LAW ***Europe in everyday life*** How is the EU relevant to us? ----------------------------- - - - - *Extra advantages, why is the EU relevant for us? -\> Warranty period (= garantietermijn) for products, clean water/air, traveling within Europe is easy, EU citizens can choose where to live or work within the EU, and there is the "European Health Insurance Card," which allows medical costs in other EU countries to be reimbursed.* Dia 10 -\> This is about the famous beer \'Westvleteren.\' They do not have a label with ingredients on their bottles, but they were ordered to include one. They refused, fearing their product could be copied, and as a result, they stopped their production. History; Member states of the EU -------------------------------- *Dia 12 toont de landen en jaartallen, deze niet vanbuiten kennen.* Norway and Switzerland are not part of the European Union. If you want to go to these countries, there are two conditions that apply: - - If you want to enter the EU (as a non eu-member), you must apply for a visa. This allows you to travel to all the countries in the EU. - Before 1992, the European Union was known as the **European Economic Community (EEC)**. It was established in 1957 by the **Treaty of Rome** with the goal of creating a common market and customs union among six founding countries. -\> The European Union was established in 1992 in Maastricht. (Treaty of Maastricht) **When we talk about European law -\> ALWAYS AFTER WWII.** **The countries that founded the EU**: - - - - **-\> Why these countries?** They were the winners and losers of World War II. The focus was primarily on cooperation and control (over German arms trade). On the Road to EU membership ============================ [Countries that want to join the EU:] **[Ukraine ]** - - [Candidates:] - - - [Potential candidate:] - ### The complex procedure!! Joining the EU - - "The Application to the European Council" ========================================= - The **Copenhagen criteria** are a set of conditions that countries must meet in order to join the European Union (EU). Voorzitter van de Europese raad = Charles Michel Voorzitter Commissie = Ursula von der Leyen The country must meet certain criteria, namely, "the copenhagen criteria" ========================================================================= - - - Suppose the opinion of the Commission is positive ================================================= a. b. c. 3) Languages ------------ Every member state has its own language. 4) Euro: 1992 ------------- Common currency = proof of European integration. - - - - The European Central Bank is managing the Euro. 5) Symbols ---------- ### The flag The 12 golden stars represent solidarity, cooperation, and unity. The number of stars has nothing to do with the number of member countries, it's just a symbol of unity. ### Symbols Motto of the EU: 'United in diversity' -\> The motto emphasizes the importance of cooperation and unity among the diverse nations and peoples of Europe, while respecting and celebrating their unique identities. National European Day = May 9. **[Tweede les 30/09]** Introduction ------------ #### Video: how does the EU work (DW news) #### Theorie/kennis van de videos: **Supranational (de EU)** -\> how is it possible for them to make laws we need to follow in Belgium (and the other 27 states), how can you manage that system when you know the constitution is the highest? -\> We had to change our constitution (and put the international law in it) **Article 34 of the Constitution** refers to the idea that certain powers can be transferred or delegated from one authority to another, such as from a national government to a higher authority or international body. -\> In the context of the **Copenhagen criteria**, this means that in order for a country to join the European Union, it must agree to adopt all existing EU laws - European union en United nations - - Sovereignty -\> It means a country\'s power to make its own decisions and laws, without interference from other countries or organizations. It means that a country has the highest authority within its own borders and does not have to answer to any higher power. ### Important: the difference!! (codex) - - - - EU LAW - 1. The history of the EU --------------------------------- a. *Belangrijk om dit niet om te wisselen met The council of the **[EU!!]*** b. c. *EU court of justice is not the same as the council of the human rights* 1 voice ======= We have 1 voice, the EU has one voice (the 27 states together) They don't negotiate for themselves. So if there is a trades contract, all the 27 states need to give their permission. (Negative: Within the EU, there is a lot of diversity, so it is difficult to make sure you have all the 27 states on the same level of agreement.) Who leads the EU ================ -\> There are seven institutions (later) that work together and cooperate to lead the EU. There are other major sources of law that have an impact on Belgian domestic law - - These sources are almost 80 years old, and were a reaction to the events of the Second World War in Europe. The history ----------- A. - - - The Council of Europe is **intergovernmental**, meaning it is a cooperation of several nations, not international. The Holy See follows and participates in the work of the Council, he is an observer. ***Art.10 and 11 Gw*** There are 47 countries in the council of Europe (the UK, Norway,..), but there are only 27 of them in the EU. (EX give me 3 other countries who are not in the EU -\> Norway, Switzerland, UK etc). **Member states**: are countries that are fully part of the organization. They follow human rights, they need to go to the court of human rights when they don\'t follow them. They can also vote. **Observe states**: Observer states are countries that are allowed to observe and follow the activities of the organization but do not have the right to vote or fully participate in decision-making processes. → They try to follow the rules, but there is a doubt that they don't understand human rights. (For example Israël, they do not understand human rights, kill people + United states, because of the racism.) B. - - - - Formation convention on human rights and freedoms -\> 1949 In our country the powers go further than what\'s written in the European convention. For example, Belgium has strong laws regarding freedom of expression, privacy The picture was made in **Warschau** The star -\> To identify who was jewish (Davidster) It's a symbol of the holocaust. What is the difference between **[an article]** and **[a protocol]**? -\> Articles were already written down in 1949, the protocols are from a later date. But they all have the same value, the same legal power. Protocols ========= 1. - - - 2. 3. 4. 5. 6. The European Convention on Human Rights --------------------------------------- **[Some rights are absolute (A)]** These rights are non-negotiable and cannot be restricted or limited under any circumstances. They are fundamental, and there are no exceptions to them. - - **[Some rights are limited (L)]** When are limitations allowed? -\> *Example: house searching. Hierbij is er eerst toestemming van verschillende partijen nodig.* - - - **[!!!The conditions:]** 1. - - 2. - - **Voorbeeld** -\> bij de aanslagen in Zaventem werden veel huiszoekingen gedaan, personen gearresteerd zonder bevel of toestemming omdat men zo in paniek was, dan gebruikte men \'proportionaliteit\'. The **Court of Justice of the European Union (CJEU)** has developed the principle of **proportionality** to guide the actions of the European administration. This principle ensures that any measures taken by EU institutions or bodies are **fair**, **reasonable**, and **not excessive** C. The European Court of Human Rights - - - *They are always right, they will always be there and take the decisions the right way. It has to be totally in line with the convention of European law. (The brain) Everybody (people and countries) can go to the court.* EU LAW - 2. European union -------------------------- A. The EU arose also as the desire to heal political and social scars left by the WOII. The initial focus was **economic** growth. Born in 1992, Maastricht European union -\> before known as European Community - These countries formed the **European Coal and Steel Community (ECSC)** in 1951, which later became the **European Economic Community (EEC)** and then after that, they became **the EU.** - - B. The beginning of corporations The Council of Europe -\>is about human rights, this was not enough so that\'s why they started to cooperate in the economic field as well. Because of this, the basis of the EU is still economic! What is the heart of the European corporation -\> expand their economic welfare. ### The Council of Europe 1949!!! - - - **May 1950 -\> Schuman plan for a deeper cooperation** Schuman-plan; When thinking of Brussels, Robert Schuman comes to mind. He was a French minister and the first to propose the idea that \"if we cooperate, we can increase our economic growth and trust each other more easily.\" This idea led to the foundation of what is now the European Union, and as a result, May 9 is celebrated as **Europe Day**! - - ### April 1951 (ECSC) Based on the Schuman plan!! Treaty is always on an international level. The first economical corporation is called the European **[Coal and Steel Community]**. If you want to make an army, (they wanted to avoid that Germany made a new army) -\> you need to deal with 2 things -\> Weapons are made of steel, if you control the coal, they can't make as many weapons. - ### March 1957: European Economic Commission The corporation is good for everybody, Germany doesn't plan a world war 3. - - #### Video - the signing of the treaty of Rome - - - - - ### A period of economic growth July 1962: 'common agricultural policy' - *This system has **a problem** -\> As the population of Europe grew and agricultural production increased, the CAP led to **overproduction**. The system encouraged farmers to produce more food than was needed, which caused surpluses.* *Because the EU was paying farmers the same amount for their produce, regardless of demand, it had to spend a lot of money on subsidies to maintain this system. Even today, the **Common Agricultural Policy** remains a significant part of the EU budget. Although it has been reformed over the years, the CAP still faces criticism for being too expensive, encouraging overproduction, and not always supporting sustainable farming practices* ### 1968: removal of customs duties -\> Trade among the 6 and between the EU and the rest of the world. *Afschaffen van douanerechten.* Douanerechten zijn belastingen die worden geheven op goederen wanneer ze een land binnenkomen of verlaten. Door deze douanerechten af te schaffen, worden producten vrij van extra kosten ingevoerd of uitgevoerd, wat vaak bedoeld is om de handel tussen landen te bevorderen. - ### [A growing community] 1970: first plans for a single currency (2002: de euro) *They wanted to introduce a single currency, first idea was in 1970* *It took until 2000, so 32 years before the idea became real.* Laws against pollution (protection of the environment) - Waste Management rules to reduce waste and promote recycling. ### **1 January 1973** - It took more than 20 years to start cooperating with each other, and only after 23 years did they invite other countries to join. So the first enlargements were in the early 70's. **June 1979** - - ### The changing face of Europe (1980-1989): [the fall of the Berlin Wall] - - Greece is still a very important country, it's a short way to Asia, Africa. Spain was later because they were under the influence of a dictator. Member States: Germany, France, Italy, the Netherlands, Belgium, Luxembourg, Denmark, Ireland and the United Kingdom. + New member state Greece. **The Warsaw Pact was also established at that time. It was a military alliance between the Soviet Union and several Eastern European communist countries. It was a response to NAVO.** ### The changing face of Europe (1980-1989): [the fall of the Berlin Wall] **January 1986** - So after 5 years, Spain and Portugal joined. - **9th November 1989**: [the fall of the Berlin Wall] - Only people with the right document could pass the borders -\> didn't have the right documents -\> most of the time you were shot. On the night of 1989 they could all pass without the documents. **How did they know?** -\> television, radio ### Europe without frontiers February 1992: European Union The treaty of Maastricht was signed -\> major EU milestone!! [The effects;] - - - **[What happened in 1992/ Explain the treaty of Maastricht!! EX]** Before 1992 we spoke about the European Economic Community -\> after 1992 we spoke about the European union. It's much stronger than a community, we operate as one. The treaty on the European Union is signed in Maastricht. European community -\> All the countries had their own voice and powers, in the union we operate as one. It took 10 years before the use of the euro =========================================== **What do you know about the euro**? - - - ### January 1993 - - - An example of issues arising due to a lack of sufficient laws and many differing opinions is **climate change policy**. Different countries and political groups often have conflicting views on how to address global warming, leading to challenges in creating unified and effective legislation. ### January 1995 - Member States: Germany, France, Italy, the Netherlands, Belgium, Luxembourg, Denmark, Ireland, United Kingdom, Greece, Spain and Portugal. - ### Maart 1995 ***1995: Schengen agreement*** -\> little city in Luxemburg It takes effect in seven countries -\> BeNeLux, Germany, France, Spain and Portugal. Once you lived in one of these countries, you could travel without any passport control at the frontiers. - You obtain a visa for the Schengen area -\> not the same as a regular visa for staying somewhere. For example if you signed the Schengen agreement, you don't need a visa for Norway, but if you want to stay or travel there you need a regular visa. Schengen agreement takes place in the EU countries. (kaart rechtsboven belangrijk) After the founding of the EU: 1997 [-\> **The treaty of Amsterdam 1997**] *It builds on the achievements of the treaty from Maastricht, laying down plans to reform EU institutions, to give Europe a stronger voice in the world, and to concentrate more resources on employment and the rights of citizens. (Everybody had the same rights and duties)* The Treaty of Amsterdam, signed in 1997 and effective in 1999, reformed the European Union to make it more democratic and efficient. It expanded the powers of the European Parliament, transferred more areas like immigration to EU control, and strengthened the EU\'s ability to act together on foreign policy, all in preparation for future EU expansion. Before the treaty, the EU was a community. - - **Weighted voting** -\> Weighted voting is a system where votes carry different weights instead of being equal. In this setup, each voter\'s influence is proportional to specific factors, like their population size, economic contribution, or political significance. (So larger countries have a bigger influence.) **[EX!! CO-decision procedure = ordinary legislative procedure ]** A legislative process in the European Union where the European Parliament and the Council of the EU share equal power in making laws. Under this procedure, both institutions must agree on a proposed law for it to pass, promoting a balance between the voice of EU citizens (through the Parliament) and member states (through the Council). Evolution ========= **13 december 1997** - **1 january 1999** - **[Exam -\> Explain the euro]** 1. 2. 3. ### Further expansion **1 may 2004** - **The convention of Yalta** -\> The Yalta Conference, held in February 1945, was a meeting between Allied leaders Franklin D. Roosevelt, Winston Churchill, and Joseph Stalin to discuss the post-World War II reorganisation of Europe and Asia. It was a convention where Stalin and other important people decided to divide Europe in certain parts. (The iron curtain) It divided Europe in 2 parts -\> the capitalist west side and other countries that were under the power of russia. **29 october 2004** The European constitution -\> there is no European constitution!! A treaty had to be ratified by all the member states. The national parliaments did not ratify. *It has to be ratified by all 25 countries before it can come into force. When citizens in both France and the Netherlands voted \'No\' to the Constitution in referendums in 2005, EU leaders declared a **\"period of reflection"** (There were problems because there was no constitution.)* **1 January 2007** - **[!!13 December 2007 - The Treaty of Lisbon]** - - - There was no European constitution, but there is the treaty of Lisbon (99% of the constitution), but without the word constitution. Why -\> France and the Netherlands are not ready for a constitution, it is too difficult. Why is the constitution ( the name) so difficult -\> they want to keep their own identity. We use the treaty of Lisbon to rule almost everything ### 23 june 2016 -\> The brexit (British Exit) - - - - - - - - **[TEU]** = Treaty on the European Union **[TFU]** = Treaty of the function of the EU Article 50 gives a member state the option to withdraw from the EU. (Dus bij de brexit was er een legale basis dat ze uit de EU gingen.) England is made up of several parts, and the vote result was very close, with only a small difference between those who were in favor and those who were against. As a result, many regions or parts of the country were upset about the outcome. **The brexit -\> 4 options (zie aparte notities voor uitleg)** - - - - Europe lost some of its population after the brexit. ### [The five targets] for the EU in 2020 1. 2. 3. 4. 5. Slide 61 -\> additional information (thuis eens bekijken) C. How does the EU operate? --------------------------- !!The seven institutions (also in the code) 1. 2. 3. 4. 5. 6. 7. **How does the EU operate!!!! EXAM -\> the videos are very important** Vb examen -\> welke instituties hebben beslissingsrecht, welke kunnen wetgeving maken etc [Decision making bodies] 1. 2. 3. [Advice] 1. 2. [Guidance] -\> European council (setts the direction of the EU) The European Council - - - - - Antonio Costa -\> Charles Michel -\> Donald Dusk -\> Herman Van Rompuy ### Law making institutions 1. 2. The Commission proposes a law to these two; they either approve the law or send it back with adjustments they would like to see. European parliament -\> Former one is in Strasbourg (debateren en vergaderen) -\> Actual work is done in Brussel -\> secretary is in Luxemburg. (the administrative work) **Vote of no confidence** -\> a formal vote in a parliamentary system used to determine whether the legislative body still has confidence in the government or a specific government official. If the majority votes in favor of the no-confidence motion, it signifies that they no longer support the government or official in question ### European council and the council of Europe -\> **The European Council** plays a key role in guiding the EU, and its decisions influence EU-wide policies and the legislative agenda. It is an EU-institution. (A decision-making body) **The council of Europe** is an international institution.The Council of Europe focuses on promoting human rights, democracy, and the rule of law across Europe. It aims to strengthen democracy and protect the rights of individuals in member states. ### Exam - - - The EU operates through institutions created in the treaties They (council and parliament) need the initiative from the commission to make a law. #### European laws: video - - Hadja Lahbib **(former minister of foreign affairs)** is the candidate for the commission of BE. (Zuhal Demir was the other person/candidate for the commission of BE) The elections for the parliament and government are always on the same date. ### The EU operates through institutions created in the treaties **[The]** treaties -\> Treaty of Lisbon (Consist of 2 treaties -\> Treaty of the european union and the treaty of the function of the EU) Together these three institutions (commission, parliament and council of the EU) produce through the **["ordinary legislative procedure"]** (= co-decision), the policies and laws that apply throughout the EU - - - - **There is always an initiative form the commission (otherwise the other institutions won't follow) The European parliament and the council of the EU are the decision-bodies. They can accept the law/propose -\> or they can send it back with their adjustments** What are the tasks of the commission? -\> propose the law, make sure that they implemented it, applied the new law and safeguard the new law. Ursula von der Leyen is the new president of the commission. (She was also the former one) The EU operates through institutions created in the treaties. (**THE treaties** -\> treaty of Lisbon) Other two EU institutions that play vital roles: 1. - - - 2. - - Other EU institutions The powers and responsibilities of all of these institutions are laid down in the Treaties, which are the foundation of everything the EU does. They also lay down the rules and procedures that the EU institutions must follow. The Treaties are agreed by the presidents and/or prime ministers of all the EU countries, and ratified by their parliaments. - - - - - D) The relationship between the EC and the EU --------------------------------------------- - - - The Maastricht treaty established the EU "The union shall be founded on the European Communities" - - - **[Examen]** -\> the moment the community changed in the union? **What is the difference** between the two? *-\> As a community we cooperate. A union has one voice. (one voice, one group = union, we are working together but everyone has their own values = community)* **[The maastricht treaty amended the name of the EEC to EU]** Is the EC identical to the EU? Not really: ***The maastricht treaty established the EU by forming [the three pillars] of the EU. From 1992 -\> the institutions are the main bodies of the EU.*** 1. - - 2. - - - 3. - E) EU LAW -\> komen veel examenvragen uit. ------------------------------------------ A. Overview: 1. 2. 3. 4. 5. 6. 7. 8. THE TREATIES ============ - - - - - - - - - ### Signature of treaties of Rome Rome, 25 March 1957. The signature ceremony by six ministers from the six Member States took place at the Capitole, in the room of the Horaces and the Curiaces. This treaty brought about the European Economic Community (EEC) and the European Atomic Energy Community (EAEC) and foresaw ***[the introduction of a customs union]*** and the creation of the institutions: the Commission, the Council, the Parliament and the European Court of Justice. **Important -\> [the tariffs became similar], that we introduced the euro made it easier.** ### Direct application The treaties -\> when new member states join -\> the treaties automatically become part of the generally binding law. They don't need to make any extra law, the treaties are automatically part. A member states needs to take no further action to incorporate or transform the Treaty into the national legal order once it has ratified the Treaty **The protocol attached to the treaties** - - - *The protocols give an interpretation to an article. A protocol has the same value as an article. The protocols list things about the treaties.* Declarations (verklaringen) = An unilateral declaration on a particular matter. - - - *The Lisbon Treaty has attached the Charter of Fundamental Rights to the treaties in the form of a declaration that states that the Charter has legally binding force.* *Art.6 (1) TEU: The carter has the same legal value as the treaties.* **!!!!SECONDARY LEGISLATION** *(In tegenstelling tot primaire wetgeving, die direct door een wetgevend orgaan (zoals het parlement) wordt besproken en aangenomen, wordt secundaire wetgeving opgesteld door een organisatie of individu die specifiek door de primaire wetgeving is gemachtigd om dit te doen.)* ================================================================================================================================================================================================================================================================================================================= -\> Any law made by the EU institutions, using the power given by the treaties. Use the code Art.288 TFEU ### Secondary legislation 1. 2. 3. Regulations = verordeningen If the institutions make a regulation, it makes sure that first of all the text of regulation will be valid in all member states and in all member states it will be the same. Everything has to be dealt with in the text of regulation. Vb: Law against privacy - - - - - Directives = richtlijnen They are made by the EU institutions, but only the framework. We make a certain law, we just give the purpose and every member state can make their own intern law. They need to follow a certain policy but can decide how exactly to do it. The member state will be punished. (They need to make enough intern law to make it work) For example: how to use more green energy. - - - - Decisions = besluiten The EU gives a fine to Apple -\> that\'s a decision, its only purpose is to decide a legal framework between the European commission and apple. It's only binding between them 2. - - - Recommendations and opinions - - #### Secondary legislation video !!Verschil regulations and directives - - - Bij alle drie staat 'the common goal\' erin. Examen -\> uitleggen, als jij bij de EU zat, wat zou je liefst maken. (regulation/directive) + Waarom? -\> **[Regulation]** -\> A regulation applies directly in all member states, making it faster and easier to follow. It ensures consistency and clarity, so businesses and people know the rules. For example, a regulation to fight plastic pollution would work the same way in all EU countries right away. 3. INTERNATIONAL AGREEMENTS, TREATIES AND CONVENTIONS ===================================================== - When we were an european community, every separate country made their own agreements. The agreements are now made by the EU. Those agreements are binding, if the EU signs an agreement, there are 2 countries signed. (the EU and the country where the agreement has been made with) Every member state and everybody who lives in the member state is binded by this agreement. Treaty making powers of the union -\> it means that the union can make treaties or conventions with third parties. (Article = 216 TFEU) 4. THE COURT OF JUSTICE'S CONTRIBUTION (hof van justitie van de Europese Unie) ============================================================================== *Het Hof van Justitie zorgt voor een uniforme interpretatie van EU-wetten. Nationale rechtbanken kunnen via een prejudiciële procedure vragen stellen aan het Hof over hoe EU-recht moet worden uitgelegd. Het Hof speelt een toezichthoudende rol door te oordelen over geschillen tussen EU-instellingen, lidstaten en zelfs bedrijven of individuen.* - - - Law has to be general, so you can give your own reputation. 5. HUMAN OR FUNDAMENTAL RIGHTS ============================== - - 6. EQUALITY AND NON DISCRIMINATION ================================== - Art.18 -\> important for women, they make sure they won't be discriminated In 1949, women were granted the right to vote in European Parliament elections, which was a significant step toward gender equality in Europe. (Mangold case niet kennen) Art.19: general principle of equality or at least non discrimination -\> Gives the EU the power to take action against discrimination based on various grounds, including gender, race, ethnicity, disability, age, and sexual orientation. 7. GENERAL PRINCIPLES ===================== Alle 6 kennen en kunnen uitleggen -\> **[document staat op toledo met de uitleg!!]** - - - - - - - **[Les 25/11: Exam!!]** Dia 97 #### Video!! - - EU Law ------ B\) Law making principles and procedures It starts with the commission. Commission = preparing and proposing legislative instruments. The EU commission listens to the voices that were raised across europe. The commission has the right of initiative. It always starts with the commission, they start a proposal. **Other EU bodies that can ask for legislative acts:** - - - - - - - The commission sends a proposal. The national parliaments can do something to stop it. If the proposal goes [against the principle of subsidiarity] -\> they can object it with the 2 votes each member state has. - The council and European parliament then dispose of these legislative proposals. -\> Once the European Commission proposes legislation, these two institutions review and approve it. The extent to which the institutions are involved are determined by the treaty: - - ### The co decision procedure/ Ordinary legislative procedure Art.294!! -\> **the co decision procedure** -\> a legislative process in the European Union where the European Parliament and the Council of the EU share equal power in making laws. Under this procedure, both institutions must agree on a proposed law for it to pass, promoting a balance between the voice of EU citizens (through the Parliament) and member states (through the Council). - ### Delegations of power The EU commission receives a certain power that it doesn't have by the treaty. (The European parliament gives a certain power to the commission, for example.) - - Dia 103!! Very important -\> schema kunnen uitleggen en gebruiken Dia 104 important!! C\) The supremacy of EU law = priority of EU law (they priority to national law) It establishes that **EU law takes precedence over the national laws of member states** in cases of conflict. If there is a conflict -\> the EU law is always more important. When there's a **conflict** between a member state's domestic law and EU law, the issue often ends up before the **European Court of Justice (ECJ)**. In most cases, the ECJ rules that **EU law has priority**. This aligns with the principle of the **supremacy of EU law**, which ensures that EU legislation is uniformly applied across all member states, even if it conflicts with domestic laws. However, the EU operates under ***[the principle of subsidiarity]***, which means: - - ### Reception of EU law in Belgium The Constitution was amended to allow for the transfer of powers to the institutions governed by international law. -\> *Belgium made changes to its Constitution to allow **EU law** to be a part of its legal system, meaning that in some areas, the EU makes decisions for Belgium, and those decisions come before Belgian laws.* **The courts accepted Community law supremacy** -\> every court within the member states, have to accept that EU-law has the priority over national domestic law. (smeerkaasarrest) -\> conflict between belgian and european law -\> court said that they accept the fact there is belgian law and european law. European law came into force much later than Belgian law, but it will always have the priority. D\) Direct applicability and direct effect ### introduction **[Preliminary ruling procedure]** -\> Art.267 TFEU =============================================================== It's a link between the national legal systems and the EU legal system. - - **[Video]** - Why can you find it in European treaties? -\> so that every citizen is treated the same way. (equality) Everybody applies the law the same way. If there is a certain law that isn't very clear -\> the other judges or member states can ask questions and the judges can make other conclusions because they don't apply the law right. Every EU-citizen needs to be treated the same. **Which law-adjudicating bodies can refer?** Every national court **The question referred to?** The treaty (treaty of Lisbon) + Eu institutions and central bank. **The effect of a ruling?** The Court of Justice Decision has the force of res judicata. **It is binding** not only on the national court on whose initiative the reference for a preliminary ruling was made but also on all of the national courts of the Member States ### Doctrine of direct applicability of law ***Directe toepasbaarheid** verwijst naar het kenmerk van bepaalde EU-rechtsregels, met name **verordeningen**, waardoor deze automatisch deel uitmaken van het nationale recht van de lidstaten, zonder dat er aanvullende wetgeving nodig is.* -\> means that national parliaments do not have to transfer EU law into their own national legislation. European law will always be directly applicable. They do everything to make sure that a new treaty will be applicable in the member state. Regulations are made by Eu -\> no transformation is necessary. It's made clear for every member state!!! Directives -\> only the aim of a directive is made on EU level and all member states are obligated to make domestic law that applies the same aim as they mean in the directions so that is the same guidelines as the law. **Directives** (richtlijnen) zijn **niet direct toepasbaar**, omdat ze eerst door de lidstaten moeten worden omgezet in nationale wetgeving. Direct effect -\> you can use European union law in a particular case within a domestic court. You can use European law to motivate your case. ### 3) EU competition law "Regulates the activities of mainly commercial undertakings to curb the excesses of the free market or to remedy situations which in an unregulated free market would be harmful to some parties or the system of competition itself" Commercial companies can operate within the EU union, but they have to make sure that they follow the rules. (sometimes clear, sometimes difficult) - #### **!!!Things you can't do** (from the video.) - - - If competition is good, more competition is better -\> for the prices and the markets. - A. The EU is not an economic player in the sense that it doesn\'t directly compete in markets, but it works to ensure there is **fair competition** within the European market. Sometimes they will intervene. EU competition rules are designed: - - - The aims are set out in the preamble to the TFEU and Art.3 TEU and TFEU Application and interpretation ============================== - The European commission receives the power by the treaty of Lisbon to intervene in the control of the European competition market. They can give fines or advice. (for example if companies can go together) The European court of justice has the power to judge decisions of the commission. B\) Article 101 -\> makes it illegal for companies to make agreements that harm competition, like fixing prices or dividing markets. If companies break this rule, they can be punished with fines. -\> It's a framework by which exemptions can be obtained. -\> Direct effects **Ex: the 3 types, how they avoid it + refer to Art.101** C\) Art.102TFEU -\> Applies where individual organizations have a near monopoly position or share an oligopolistic market with a small number of other companies and take unfair advantage of this position (Derde voorbeeld bij de drie puntjes) = Abuse of a dominant position. D\) The enforcement of the EU competition law **The 4 types of enforcements -\> additional documents** EU LAW 4. Free movements of goods and persons --------------------------------------------- - - We have a free market, we can buy things within the EU and don't need to pay taxes. But if you buy something from a third country -\> you need to pay. Sometimes to protect products -\> they will ask a tax -\> for example: France has raised a tax to ban spanish cava to the france country. (they can't do that) Voorbeeld Trump -\> hoge taxatie op Chinese producten -\> kan dit doen want geen lidstaat. Free movements of persons -\> basic rights EU LAW 5. Sex discrimination law -------------------------------- Eu law -\> general principle of equality. (Art.18) Everybody has the same value and possibilities. Reasons for the original inclusion of sex discrimination provisions in the Treaty - - International law (IL) Disadvantage -\> not as developed as European law. European law -\> regulations, directives, treaties, etc., but with international law, we don\'t have a global court. They are organized very differently from European law. A country must approve a treaty, then it must pass through the parliaments and be ratified to make it applicable. Current example: Ukraine and Palestine -\> international rules apply. #### Video 1 - - - #### Video 2 - - - #### Video 3 - - ### What is international law? *'Set of rules generally regarded and accepted as binding in relations between states and between nations'* - - - - Difference ========== European law seeks to organize the world and impose rules. International law, on the other hand, serves more as a guideline to structure international relations between two or more countries. It focuses on trade relations, which often involve a more complex structure. There is no treaty that everyone has accepted, as is the case with European law. A weakness of international law is reaching a compromise. **[Problems]** - - - Principles of IL ---------------- a. b. c. d. e. - - History of IL ------------- International law starts before European law, with origins going back 4,000 years.\ The first example of international law was in Mesopotamia: the treaty between **Lagash and Umma**. **Law of Nations** -\> countries can agree on legal rules. (landen kunnen rechtsregels afspreken) The **Fall of the Roman Empire (376)** marked a turning point in international law: increased conflict and a rise in international trade became central to its development. - (Hugo Grotius -\> jurist, considered one of the founding fathers of international law.) ***[!!!Treaty of Westphalia!!!]*** -\> The sovereignty of states was recognized. Borders were considered sovereign, meaning other countries cannot take action on Belgian territory without consent. International law is also prominent within the **United Nations**. - #### Video Geschiedenis: Europees recht belangrijker (Zie hierboven wat gekend moet zijn.) Bijvragen examen: - - **Open sea** - No one owns it. When something happens, certain treaties apply. ### !!!!Public, Private international law vs Supranational law Uitleggen examen 1. Legal relationships between different countries. As citizens, we can rely on violations of these laws. 2. Actions between private individuals and individuals/legal entities from the EU and a third country. Even businesses can have disputes. -\> A court is needed! -\> In commercial matters, the agreement will specify which jurisdiction is competent. For example: A Belgian company selling products to Costa Rica -\> \"Belgian courts have jurisdiction.\" **Problem** -\> Suing someone from another country, potentially within the EU, is very expensive and complicated. Therefore, this happens infrequently. 3. Examples of this include the European Union and the United Nations. Sources of IL ------------- #### Video Expedition treaties -\> uitleveringsverdragen. = A treaty between two or more states in which they agree on when and under what conditions one country must extradite (uitleveren) a person to another country. You can have **bilateral treaties** -\> for example: Belgium and the Netherlands have a treaty about the Scheldt River, which provides economic benefits to both.\ Only when many countries ratify and sign it do we speak of true international law. (The more countries that sign it, the greater authority a particular country holds.) **Principle of Exterritoriality** -\> When the president of another country visits, they enjoy inviolability. They have immunity and cannot be arrested. You cannot impose any restrictions on them. This principle is customary law, and most countries accept it. ### [!!Sources] (beginselen kunnen uitleggen.) - - - - For example: Russia has its own territory, and Ukraine has its own. Intervening in this matter is not allowed. - !!!Internationaal gewoonterecht = International Customary Law ------------------------------------------------------------- - **Example**: The prohibition of the use of nuclear weapons -\> It is not written anywhere, but international countries have agreed on it. However, to what extent will Putin adhere to this, and what exactly is considered a nuclear weapon? - Elements of Customary Law ------------------------- Video - - - It must be accepted by the countries, have a certain duration, and be consistent. Treaties, conventions and covenant ================================== -\> those are 3 synonyms: From the moment it is written, it must be given a name. - **It is an agreement between two or more countries.** It is an elevated form of contract law. ### Vienna convention (verdrag van wenen) - - Key documents in IL ------------------- a. b. c. d. e. f. Key institutions ---------------- [United nations] - - - - - - Outside of the UN framework **Red Cross** - Steps in to assist with humanitarian issues at the international level. **NATO** - A military organization within international law. **WTO** - **World Trade Organization**. ### EXAMEN official treaty-making process **International law** -\> Negotiations for agreements. First, negotiations take place (a convention is organized with all the delegates from all countries). You cannot attend a convention without a stance from your country; sometimes, different countries collaborate with the same position. - The text that is accepted by all parties that sign it must be signed by the country, and then each country must officially approve the text of the treaty. The parliament must officially approve it, usually within a maximum of 18 months. The proof of ratification must be submitted to the United Nations Secretariat (along with the country\'s response---yes/no---and the date). **Reasons for ratification**[^2^](#fn2){#fnref2.footnote-ref} - - After this, a country will be officially bound. It sometimes happens that even if, for example, Belgium has committed to a text, the parliament says, \"This cannot be accepted.\" Imagine a convention with 100 signatures -\> the text will then be sent to the 100 parliaments -\> for instance: France approves within a week, Germany takes 4 months -\> this creates a form of inequality and legal uncertainty! Therefore, a mechanism is provided, stating that \"for example, 60 countries must have ratified it, and from the 60th country onward, the text will become international law and gain binding force.\" Countries can make certain exceptions within the framework of European treaties. - - - ***These elements are important for resolving conflicts between international law and domestic law.*** ### Two types of states in the world: 1. - Belgium is a monistic state!! 2. - Schema belangrijk!! Goed kunnen uitleggen voor het examen. (ook de onderdelen apart kunnen uitleggen) Settlement of international disputes 1 -------------------------------------- **Ex - important that there is not always a war. There are 3 types, mostly political.** **A dispute** - a disagreement on a point of law or fact, a conflict of legal views or interest between parties. It\'s not always as huge as a dispute (Rusland \ Oekraïne) North en South Korea is also an example of a conflict, but there is no war. (More examples: China and the United States Trump doesn't want cheap products from China.) Brexit is also an international dispute. It's a disagreement that arises between states concerning their relations with one other and with other states. ### The 3 types **Political dispute** **Legal dispute** - **Business dispute** - - Settlement of international dispute 2 ------------------------------------- *[Art.33!!! - meenemen naar het examen!!]* 1. 2. 3. Difference - negotiations are not so big, the parties want to talk to each other in a normal way. Within conciliation, the parties don't want to talk and find a solution, that\'s why a third party is needed. 4. 5. 6. 7. #### Video - 1. - - Some people (diplomats) are protected from the local court's jurisdiction. 2. 3. You need to look at a link between the individual - offence and the court **-\>** For jurisdiction to apply, there must be a clear connection between the individual, the offense, and the court asserting jurisdiction. United nations -------------- It's an [intergovernmental] organisation. It deals with certain affairs. The members of it are countries. - - - Why is the number of countries so important -\> a good and peaceful agreement that will be followed by all the countries. Financed by assessed and voluntary contributions from its member states. They receive money from them. There are six official languages (not on the exam) #### Video 1 - - - United nations charter ---------------------- Same legal value, just a different name. (Vienna) The treaty formed the United nations. - Switzerland and Costa Rica (ocean between them) can speak face to face within the United nations. If you speak to each other, you can solve the problem or try to investigate already if you found out possible problems in the future. Economical, social, cultural and humanitarian international problems ==================================================================== - - - - - Van alle vier een voorbeeld kunnen geven op het examen Promoting human rights and fundamental freedoms without distinction as to race, sex, language or religion. **Main principles are very important.** Every member state of the UN, is 100% the boss of its own territory. The other states need to respect it. - - - - - #### Video 2: How does the United Nations work? - - - - - - Most important parts 1. 2. They pass resolutions to make policies for the world. F.e: they dealt with problems about diseases spreading. #### Video 3 - - - - United nations organisation --------------------------- 1. - - - - - 2. - 3. - - - Powers include - - - 4. - - - - - - 5. - - The united nations have a lot of agencies ----------------------------------------- ### We don't have to know them all, but you need to give 3 examples and explain them. - - - - - - - - International law and it's problems ----------------------------------- - - - **[Belangrijkste begrippen]** **[Treaty of Rome]** The Treaty of Rome, **[signed in 1957]**, was a key agreement that created the European Economic Community (EEC), the predecessor to the European Union (EU). The main goal was to create a **common market** among six countries: Belgium, France, Germany, Italy, Luxembourg, and the Netherlands. This meant removing trade barriers like tariffs, so goods, services, and people could move freely between these countries. The Treaty of Rome started the process of European integration by focusing on creating a common market and promoting economic cooperation among European countries. **[Treaty of Maastricht]** The **Treaty of Maastricht**, **[signed in 1992]**, created the **European Union (EU)** as we know it today. Before this treaty, there were several agreements between European countries, but they weren\'t as united. - - - The Treaty of Maastricht made the European Union stronger, more unified, and expanded its role in areas beyond just trade. **[Treaty of Lisbon]** The Treaty of Lisbon, signed in 2007 and coming into force in 2009, made important changes to the structure and functioning of the European Union (EU). The treaty made the EU decision-making process smoother by giving more power to the **European Parliament** and creating a new system for voting in the **Council of the European Union**. This helped the EU make quicker and more effective decisions. The Treaty of Lisbon made the **Charter of Fundamental Rights** legally binding, ensuring that all EU citizens have basic rights that are protected, such as freedom, dignity, and equality. The Treaty of Lisbon aimed to make the EU more efficient, transparent, and democratic, giving it the tools to face modern challenges and continue growing. **[Verschillen tussen European council, council of Europe and the council of the EU (ministers)]** 1. Defines the strategic direction and priorities of the European Union. Makes major political decisions (e.g., Brexit negotiations, appointments of leaders). Based in Brussels. **No legislative power.** Does not handle specific legislation but provides guidance to other EU institutions. 2. Protects human rights, democracy, and the rule of law in Europe. Renowned for the European Court of Human Rights (ECHR) and the European Convention on Human Rights (ECHR). Independent from the European Union!! Based in **Strasbourg**. Has **no legal ties** to the EU. Focuses primarily on human rights, not on economic or political policy. 3. **Shares legislative power** with the European Parliament. Discusses and decides on EU legislation and policies (e.g., climate measures, budgets, migration). Based in Brussels. Decision-making is usually by qualified majority, but unanimity is required for sensitive issues (e.g., foreign affairs). **[The institutions]** **[The european commission]** Proposes new laws and policies, manages the EU's day-to-day work, and ensures EU laws are followed. They propose the law to the European parliament and the council of the European union. **[European parliament]** Represents EU citizens, discusses and votes on proposed laws, and has a say in the EU budget. They can accept a law, or send it back to the commission with their feedback. (They decide together with the council of the European union, they are law-making bodies.) **[Council of the European union (of ministers)]** Represents the governments of EU countries. It works with the European Parliament to pass laws and make decisions. **[European council]** Made up of the heads of state or government of EU countries, it sets the overall direction and priorities of the EU. (The general policy) No legal power. **[Court of Justice of the European Union]** Interprets EU law to ensure it\'s applied equally across all EU countries. **[European Central Bank]** Manages the euro currency and controls inflation by setting interest rates for the EU. **[Court of Auditors]** Checks how EU money is spent to make sure it's used properly and efficiently. ::: {.section.footnotes} ------------------------------------------------------------------------ 1. ::: {#fn1} It means that laws are applied fairly, consistently, and transparently, and that no one is above the law, regardless of their position or power.[↩](#fnref1){.footnote-back} ::: 2. ::: {#fn2} betekent de **goedkeuring** of **bevestiging** van een internationaal verdrag of een wet door een land[↩](#fnref2){.footnote-back} ::: :::