EU law

 

 

The principle of free trade is one of the main pillars on which the economic integration of the EU rests. This legal principle is contained in art 30 of the EC Treaty, which prohibits quantitative restrictions and measures of equivalent effect. It has become one of the key factors in creating the EU's economic area, in which market forces are free to operate without national boundaries. In contrast with its striking brevity, interpretation of art 30 has given it a very large scope of application. This is due to the European Court's sweeping definition of measures of equivalent effect in Procureur du Roi v Dassonville [1974] 2 CMLR 436. This definition looks not only to discrimination, even indirect, but also to the effect on trade within the EU, and not just to actual hindrance, but even to potential indirect hindrance, regardless of the purpose of the measure. Although in keeping with the aims of free trade and market integration, such broad based definition restricts the sc...

Citizenship of the European Union was introduced by the Maastricht Treaty, which was signed in 1992, and has been in force since 1993. European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement, settlement and employment across the EU, and the right to consular protection from other EU states' embassies when a person's country of citizenship does not maintain an embassy or consulate in the country they need protection in. Stated rights Historically, the main benefits of being a citizen of an EU state has been that of free movement. The free movement also applies to the citizens of EFTA member states.[citation needed] However with the creation of EU citizenship, certain political rights came into being. The Treaty on the Functioning of the European Union provides for citizens to be "directly represented at Union level in the European Parliament", and "to particip...

Supremacy of EU law The legal doctrine of supremacy of EU law means that EU labour law takes precedence over domestic labour law. The creation of a new legal order of EU law and its supremacy means that EU institutions may create rules affecting employment and industrial relations, even where some Member States oppose such rules and vote against them in those EU institutions, provided that a voting procedure based on a majority rule applies to that specific field. Where adopted, these rules must be enforced in national courts, even where this involves overriding rules produced by domestic law-making institutions. In the course of time, national constitutional courts have accepted the principles of supremacy of the EU law affirmed by the European Court of Justice , but at the same time they have envisaged a limit to it in the fundamental principles of each national constitution. This supremacy is well known in certain areas such as sex discrimination , where the domestic law of...

Customs duties and taxation European Union Customs Union The European Union is also a customs union. This means that member states have removed customs barriers between themselves and introduced a common customs policy towards other countries. The overall purpose of the duties is "to ensure normal conditions of competition and to remove all restrictions of a fiscal nature capable of hindering the free movement of goods within the Common Market".[10] By agreement between the Union and the states concerned Andorra, Monaco, San Marino and Turkey also participate in the EU Customs Union. Customs duties Article 30 TFEU prohibits member states from levying any duties on goods crossing a border, both goods produced within the EU and those produced outside. Once a good has been imported into the EU from a third country and the appropriate customs duty paid, Article 29 TFEU dictates that it shall then be considered to be in free circulation between the member states. Neith...

The direct effect of European law The principle of direct effect (or immediate applicability) enables individuals to immediately invoke a European provision before a national or European court. This principle only relates to certain European acts. Furthermore, it is subject to several conditions. The direct effect of European law is, along with the principle of precedence , a fundamental principle of European law. It was enshrined by the Court of Justice of the European Union (CJEU). It enables individuals to immediately invoke European law before courts, independent of whether national law test exist. The direct effect principle therefore ensures the application and effectiveness of European law in the Member States. However, the CJEU defined several conditions in order for a European legal act to be immediately applicable. In addition, the direct effect may only relate to relations between an individual and a Member State or be extended to relations between individuals. D...