1.Sources, resources, significance, methods
The EU law

2. Today
Types (sources) of European law
Main characteristics
How to find them
3. European law
In a broadersense: law of all European internationalorganisations, Europeanstates
In a tightersense: law of the European Union
4. European Union law
Primary law
International agreements
Secondary law
Case-law of the Court
Other documents
5. Primary law
Written
Treaties, protocols, declarations
Unwritten
General principles
Fundamental rights
6. Written primary law
Foundingtreaties
Amendingtreaties
Accessiontreaties
Protocols, declarations
7. Founding treaties
1951 TreatyontheEuropean Coal and Steel Communityexpiredin 2002
1957 TreatyontheEuropean Economic Community
1957 TreatyontheEuropean Atomic Energy Community
1992 TreatyontheEuropean Union
8. Treaty name changes
1957 TreatyontheEuropean Economic Community
1992 Treatyonthe European Community
2009 TreatyontheFunctioning of the European Union
9. Treatiesinforcein 2011
Treatyonthe European Union (TEU)
Treatyonthefunctioning of the European Union (TFEU)
TreatyontheEuropean Atomic Energy Community
10. Treaty articles re-numbered
Amendments introduce new articles
23/A etc.
Maastricht Treaty
TEU articles with letters
Amsterdam Treaty re-numbered
249 (ex.189)
Lisbon Treaty re-numbers
288 [ex. 249 (ex. 189)]
11. Amending treaties
1965 Merger Treaty
1970 Treaty amending certain budgetary provisions
1975 Treaty amending certain financial provisions
1976 Act on the direct election of the European Parliament
1984 Greenland Treaty
12. Amending treaties
1986 Single European Act
1992 Treatyonthe European Union
1997 Treaty of Amsterdam
2000 Treaty of Nice
2009 Treaty of Lisbon
13. Accession treaties
1972 Denmark, Ireland, United Kingdom
1979 Greece
1985 Spain, Portugal
1994 Austria, Finland, Sweden
2003 Czech Republic, Slovakia, Slovenia, Hungary, Poland, Estonia, Latvia, Lithuania, Cyprus, Malta
2005 Bulgaria, Romania
14. Protocols, declarations
Protocols
Part of theTreaty, maynotderogatefromthebasicprovisions
Declarations
Of MemberStatesor IGC notbinding
15. Adoption of written primary law
Bymutualagreement of theMemberStates
Signing a Treaty
Ratification
16. AmendmentprocedureTEU Art. 48 - Ordinaryrevisionprocedure
Member State, the European Parliament or the Commission may propose the amendment of the Treaties
submitted to the European Council by the Council and the national Parliaments notified
Convention
representatives of the national Parliaments,
of the Heads of State or Government of the Member States,
of the European Parliament and
of the Commission.
European Central Bank consulted
recommendation
No Convention
representatives of the governments of the Member States determining by common accord the amendments
enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.
17. AmendmentprocedureTEU Art. 48 - Simplifiedrevisionprocedures
European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union.
European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.
The decision referred to in the second subparagraph shall not increase the competences conferred on the Union in the Treaties
Council to act by unanimity ->qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence.
special legislative procedure -> ordinary legislative procedure.
notified to the national Parliamentsact by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members
18. Unwritten primary law
General principles
Fundamentalrights
Art 19TEU: The Court of Justice of the European Union [] shall ensure that in the interpretation and application of the Treaties the law is observed.
19. General principles
equal treatment
prohibition to abuse the law
unjust enrichment
vis maior
precautionary principle
prevent risks
prevent damage
access to law
access to documents
20. Fundamentalrights
No mention in EEC Treaty
Recognizedbythe European Court of Justice
Treaty of European Union: shall respect fundamental rights
Charter of Fundamental Rights of the European Union solemnly proclaimed in Nice
has no force of law
is addressed to union institutions, Member States when applying union law
includedinthe 2nd part of theConstitutionalTreaty
LisbonTreaty: the same legal value as the Treaties
21. Wide recognition of human rights
Human dignity, right to life
Protection of personal data
Freedom of conscience, thought, religion, expression, information
Non-discrimination, rights of the child
Fair and just working conditions, prohibition of child labour
Presumption of innocence, right to a fair hearing

22. Questions?
23. International law
International agreements of theEuropean Union
International agreements of MemberStateswiththirdcountries (non-membercountries)
Otherrules of internationallaw
Participation of the EU ininternationalorganizations
MemberStates agreementswitheachother
24. Secondarylaw, Art.288-292 TEU
Legislativeacts
Delegatedacts
Implementingacts
To exercise the Unions competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.
25. Regulation
has general application
binding in its entirety
directly applicable in all Member States
Directive
binding, as to the result to be achieved
for each Member State to which it is addressed
but leaves to the national authorities the choice of form and methods
Decision
binding in its entirety
Ifaddressed, bindingforthose to whom it is addressed
Recommendations and opinions
have no binding force
26. Delegatedacts
legislative act may delegate to the Commission the power
to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act.
The objectives, content, scope and duration of the delegation of power explicitly defined in the legislative acts.
The essential elements of an area arereserved for the legislative act
27. Implementingacts
Member States adopt all measures of national law necessary to implement legally binding Union acts.
Ifuniform conditions for implementing legally binding Union acts are needed, these acts confer implementing powers
on the Commission,
oron the Council.
28. Court of Justice case-law
formally: interpreting and applying other sources of law
in reality: extending EUlegal order, developingEuropeanlaw
29. Otherdocuments
Interinstitutionalagreements
Action programme
Resolution
Declaration
Communication

30. PRIMARY LAW
INTERNATIONAL LAW
SECONDARY LAW
CASE-LAW
Legislativeacts
Implementingacts
Delegatedacts
OTHER DOCUMENTS
31. Primacy
EU lawtakesprecedence over anyconflictingnationallaw
National courts and authoritieshavetointerpretnationallawinconformitywithEU law
National courts and otherpublicbodies must setasidetheconflictingnationalprovisions
MemberStateshavetonullifyunlawfulconsequences of a breach of EU law
32. Direct applicability
regulations
automatically form part of the highest provisions of a Member State legal system
no need to transpose it
33. Directeffect (alsocalleddirectapplicability)
someTreatyprovisions, articles of regulations, directives, internationalagreements
conferrightsonindividuals
enforcableatnationalcourts
Notall, must be
Clear and precise
Unconditional
Intendedtogivea specificright
do not call for additional measures
no discretion regarding implementation
34. Indirecteffect
directives
dutyfornationalcourtstointerpretnationallawinconformitywithdirective
35. Languagesinthe EU
http://www.youtube.com/user/eutube#p/a/f/0/Afk9hE7qptA
23 officiallanguages
Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish
All of EU lawtranslatedintoallofficiallanguages
Workinglanguages:
French, English, (German)
Preparatorydocuments, internalcommunication
36. EU LAW DATABASES
37. OFFICIAL DATABASES
EUR-LEX
http://eur-lex.europa.eu
PRELEX - Commission
http://ec.europa.eu/prelex/
OEIL - Parliament
http://www.europarl.europa.eu/oeil/
Institutions document registers
http://www.europa.eu/documents/registers/index_en.htm
38. INDEPENDENT DATABASES
EUROPEAN NAVIGATOR
http://www.ena.lu/
ARCHIVE OF EUROPEAN INTEGRATION
http://aei.pitt.edu/
39. Signupforpresentations!
40. MootCourtcase
The case of Mr. Eko
41. Find
relevant (important) factsinthecase
lookatthequestions
findtherulesreferencedinthem
European lawrelatingtothesefacts
42. 1st question
Can an international sporting federation apply to a professional sportsman from Ghanaa rule according to which clubs must field in league and cup matches a minimum number of domestically trained players, even though this rule applies irrespective of nationality?
Are the specific requirements imposed by the Vittoria F.A. to register certain professional football players compatible with the immigration policies relating to free of movement of persons in the EU?