EU Law and Institutions

Extract

[...] The Van Gend En Loos judgment concerned an article of the original law, but not all treaty provisions have direct effect, so the treaty provisions must have clear, precise, and unconditional content.there is a direct vertical effect because it will play between an individual and a state, but there is no direct horizontal effect, we cannot play from one individual to another. ? The direct effect of general principles of law. Here there is no case law from the court but the general principles of law relating to fundamental rights are necessarily endowed with direct effect. There may be questions about the direct effect of the fundamental rights of social groups. The Charter of Fundamental Rights provides for collective bargaining. ? [...]

[...] In fact, the acts adopted by the States were adopted in respect of the fundamental rights guaranteed by the Constitutions of the States. These acts, now subject to the competence of the Union, were not subject to respect for fundamental rights. The transfer of competences implies a decrease in fundamental rights. National judges began to rebel and, in particular, the German Constitutional Court ruled that if the Community were to take a measure contrary to the fundamental rights, it would recognize the right to censor this measureSolange judgment). [...]

[...] This treaty it expands the Community's powers to areas that are not purely economic, so to the environment, social policy, research in technological development and social policy. The Single Act will strongly extend the use of majority vote qualifiedcouncill. The majority qualifiedcouncil is notably used for voting on decisions related to the [...]

[...] These rights and obligations are not necessarily the same from one state to another. Paragraph The rights and obligations of EU members The main right is to to vote in the Council, it is an essential right since the Council plays a major role in what is called the elaboration in the EU derived law (directives, decisions etc). This right to vote in the Council allows each state to participate in the elaboration of the Union law and therefore of define the obligations who will then think about him. [...]

[...] It occurs when a certain number of states want to go further in integration while other states do not. Deepening integration implies allowing the Union to intervene in new areas where before it could not intervene, it can also imply that change the method of work notably to move from unanimity to qualified majority or even to increase the place of supranational institutions (Commission and European Parliament) at the expense of the Council which represents the states. In all cases, this integration required a modification of the treaties and therefore the agreement of all states. [...]