Summary and glossary European law
Introduction to international private law and European law CH1
Summary
- international law consists of International Public Law, International Private Law and International
Business Law.
- EC law is the legal system of the EC. It consists of the EC Treaty and all the Regulations, Directives
and Decision based on that Treaty together w case law of European Court of Justice
- EC MS have transferred a part of their sovereignty in legal jurisdiction and the passing of legislation
to the EC, making the EC an organization close to a supranational organization: the EC is a State
above its MS.
- EC law takes precedence over law of MS. Depending on type of legislation, EC law can be directly
applicable in MS. If EC law has direct effect, it’s possible for nationals of MS to use EC law in their
own national court of law.
- EC has several, unique institutions; European Parliament, Council of Ministers, European
Commission and European Court of Justice (ECJ).
- under art. 234 the ECJ is competent to give preliminary rulings.
- under art. 230 the ECJ is competent to annul acts and decisions of institutions of the EC.
- Case Costa vs. ENEL, it has been established that EC law takes precedence over the laws of MS.
- Case Van Gend & Loos shows that if the ECJ decides that a Treaty Article has direct effect, it’s
possible for a national of a MS to use EC law in a national court of law.
- Details of Frankovich case show how a national can hold his own MS liable for a breach of EC law.
- Case of Foglia vs. Novello states that litigating parties should have a genuine interest in the
outcome of the preliminary ruling of the ECJ. This case thus imposes further condition on a national
court of law before asking for a preliminary ruling under art. 234.
- Case Cilfit shows how it may be established if a preliminary ruling under art. 234 of the ECJ is
necessary before a national court of law can give judgment.
Glossary
Action for annulment = legal option under art. 230 to challenge a decision of an EC institution before
the ECJ.
Convention = written agreement between two or more states, or between states and international
organizations.
Direct applicability = EC law is directly applicable when it takes effect in the MS without any further
action by these States.
Direct effect = EC law has direct effect when the ECJ decides that a national is allowed to use EC law
in a national court of law.
Directive = EC law binding on MS; content of the Directive has to be incorporated into national
legislation within a prescribed period of time.
EC law = EC Treaty, together w all Regulations, Directives and Decisions based on the EC Treaty and,
in addition, the case law of the ECJ should be regarded as EC law.
IB law = international private law concerning activities and organization of multi-national businesses.
International private law = law which deals w legal problems arising from legal relationships between
parties domiciled in different countries to which different legal systems apply.
International public law = enforceable by states only and deals w legal problems of citizens domiciled
in different states and involving laws of different states.
Introduction to international private law and European law CH1
Summary
- international law consists of International Public Law, International Private Law and International
Business Law.
- EC law is the legal system of the EC. It consists of the EC Treaty and all the Regulations, Directives
and Decision based on that Treaty together w case law of European Court of Justice
- EC MS have transferred a part of their sovereignty in legal jurisdiction and the passing of legislation
to the EC, making the EC an organization close to a supranational organization: the EC is a State
above its MS.
- EC law takes precedence over law of MS. Depending on type of legislation, EC law can be directly
applicable in MS. If EC law has direct effect, it’s possible for nationals of MS to use EC law in their
own national court of law.
- EC has several, unique institutions; European Parliament, Council of Ministers, European
Commission and European Court of Justice (ECJ).
- under art. 234 the ECJ is competent to give preliminary rulings.
- under art. 230 the ECJ is competent to annul acts and decisions of institutions of the EC.
- Case Costa vs. ENEL, it has been established that EC law takes precedence over the laws of MS.
- Case Van Gend & Loos shows that if the ECJ decides that a Treaty Article has direct effect, it’s
possible for a national of a MS to use EC law in a national court of law.
- Details of Frankovich case show how a national can hold his own MS liable for a breach of EC law.
- Case of Foglia vs. Novello states that litigating parties should have a genuine interest in the
outcome of the preliminary ruling of the ECJ. This case thus imposes further condition on a national
court of law before asking for a preliminary ruling under art. 234.
- Case Cilfit shows how it may be established if a preliminary ruling under art. 234 of the ECJ is
necessary before a national court of law can give judgment.
Glossary
Action for annulment = legal option under art. 230 to challenge a decision of an EC institution before
the ECJ.
Convention = written agreement between two or more states, or between states and international
organizations.
Direct applicability = EC law is directly applicable when it takes effect in the MS without any further
action by these States.
Direct effect = EC law has direct effect when the ECJ decides that a national is allowed to use EC law
in a national court of law.
Directive = EC law binding on MS; content of the Directive has to be incorporated into national
legislation within a prescribed period of time.
EC law = EC Treaty, together w all Regulations, Directives and Decisions based on the EC Treaty and,
in addition, the case law of the ECJ should be regarded as EC law.
IB law = international private law concerning activities and organization of multi-national businesses.
International private law = law which deals w legal problems arising from legal relationships between
parties domiciled in different countries to which different legal systems apply.
International public law = enforceable by states only and deals w legal problems of citizens domiciled
in different states and involving laws of different states.
