European Union Law, EU Law Hierarchy, Primary Law, Derived Law, Regulations, Directives, European Convention on Human Rights, Treaty of Lisbon, Treaty of Rome
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Abstract
Understanding the hierarchy and sources of law within the European Union, including primary and derived law, regulations, and directives.
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[...] If the member state does not vote this law, the European Commission can bring an action against this state before the European Court of Justice). Some member states may not be concerned by the application of a directive. [...]
[...] But the Senate can in turn propose amendments and vote a different text from that of The National Assembly. Thus, the text returns to the National Assembly and is re-voted (only the modifications) etc?From the 2nd reading of EACH assembly and they are still not in agreement: deep disagreement ? the mixed parliamentary commission (composed of 7 deputies and 7 senators) meets to try to obtain a consensus on the articles that are causing problems in order to establish a law text. It may not succeed in reaching an agreement. [...]
[...] referendum - organic laws: serve to complete and establish the functioning of the constitution constitution fixes the principle of decentralization and organic laws are the "details" on the distribution of powers: municipality that manages such a road / department that takes care of such a college etc) - referendum laws: art 11 of the constitution provides that a bill be submitted to a referendum (=question posed to the population to modify the constitution, to which one can only respond with yes or no) by the President of the Republic on the proposal of the Prime Minister or by both Assemblies - ordinary laws: law voted every day by the Parliament (National Assembly and Senate BUT separated, each in their respective premises) PROCESS FOR THE ELABORATION OF AN ORDINARY LAW 1. initiative: either a bill (emanating from the government) or a legislative proposal (emanating from parliamentarians, i.e. deputies and senators). In a bill/proposal, there are 2 main parts: the explanatory statement (=objective) and the content of the bill (=disposition/proposal written in the form of articles) 2. deposit at the bureau of one of the assemblies: Assembly or Senate, both are possible 3. [...]
[...] the derived law of the EU Several sources of derived law previously, but the Treaty of Lisbon reduced them to 5. The 2 sources that produce the most European legal norms are the regulation and the directive: - the regulation: it has an imperative value and will apply to all member states without the possibility of modification. The European Parliament votes a regulation, which applies immediately Ex: GDPR (General Data Protection Regulation) - the directive: it applies to all member states, while leaving the national authorities the competence as to the form and means ? [...]
[...] All EU countries have ratified this convention (Lisbon Treaty which stipulates that all EU countries have ratified it) Example of rights guaranteed by the ECHR: Right to life (art Protection of physical integrity/torture and slavery prohibited (art 3 and Right to a fair trial (Art Respect of this convention controlled by the European Court of Human Rights established in 1959. It is located in Strasbourg and consists of 47 judges representative per country) elected for 9 years, non-renewable. The Court judges countries and not citizens. 3-The right of the European Union the primary right of the EU = all the treaties, agreements, conventions that are the origin of the creation and functioning of the EU. [...]
