Week 1 : Introduction
Council of Europe European Union
Member states 47 28
Type International law EU Law
Sources ECHR TFEU,
ESC EU Charter
EU secondary
legislation
(Regulatoins,
directives Decisions )
[288 TFEU]
Courts ECtHR in Strasbourg CJEU (Before ’09 ECJ) in
Luxembourg
Who/what Individual complaints Preliminary rulings
State complaints Infringement
proceedings
Actions for annulment
International law (ECHR)
Dualism Monism
National law decides on monism or dualism
International law Domestic law Person International law & domestic law Person
Difference between national and international National and international legal systems form a
legal order unity
International law must be translated into International law does not need to be translated
national law into national law
NOT directly applicable Directly applicable (if international law is ranked
higher ; supremacy!) + depends on wording,
intentions and spirit of treaty