English words:
-Free movements of persons= the ability to move freely within the Eu-border
(if you stay in another country (you make use of the free movement of persons)
you have the right of equally treating (=you have the same rights as the citizens
of that country))
(It is easy for me to go on a vacation in Italy, within the Eu borders, because of
the free movement of persons)
-Internal market= shared internal market for all member states= no internal
tariffsfree movement of people, capital, goods and services
(It is easy for big companies to do business across the Eu countries because of
the internal market)
-Treaty= a written agreement between two states/countries to agree something,
it is binding. (sometimes it allows an international organisation to be part of the
treaty but not always)
(All states signed the treaty about human rights; they agreed to respect those)
-Sovereignty= the power of a state to govern itself. The ability of states to
make their own decisions without another organ that interferesmembers gave a
part of their sovereignty to the EU for big competences
(There are certain scientists who don’t like the Eu because they think that
member states give too much sovereignty to the Eu)
-competences= what an institution can and can’t do the power of the eu to
undertake specific action in a specific field
(The Eu can only act in the areas where it got the competences for, it can’t
decide that a municipality in Belgium must change its name)
-preliminary reference procedure/preliminary rulings= when a national
court asks the international Court of Justice to explain EU law so they can apply it
correctly. (The Court of justice doesn’t take a vote on the outcome of the case; it
just answers the question.)
(The court here in Brussels didn’t know how to apply a certain rule of Eu law, they
had to submit a preliminary ruling to the European court of justice)
-Principle of proportionality= The Eu can’t do more than necessary to reach
their goal (legitimate aim, suitable, necessary, proportional)
(The EU had to adjust its new rule because it went further than necessary under
the principle of proportionality.)
-Positive obligations of states= the state has to take action to make sure that
they guaranty this right
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, (states have a positive obligation to make sure that everyone has a house to life,
therefore they came up with social buildings)
-Negative obligation of states= state can’t do something, they have to leave
it alone, so the right is respected
(States have a negative obligation for the right to privacy, they can’t interfere in
this human right because everyone has the right to privacy)
(one article/human right can contain them both)
-exhaustion of domestic remedies= an individual must first use all legal
procedures and appeals within their own country before bringing a case to an
international court. Unless when a national court submits a preliminary reference
procedure.
(He couldn’t go to the ICJ yet, he hadn’t exhausted all domestic remedies, that
must be done first)
-Discrimination= to treat someone different than someone in a similar
situation. Treating differently, without an objective and reasonable justification,
when the discrimination is not proportional or without a legitimate aim. (However
states can treat differently to correct factual inequality.)
(All white man could sit in the bus in Amerika, while all black man had to stand, it
was for years that they discriminated black man there)
-Customary law= Rules and principles not written down in treaties but
established by consistent, widespread state behavior, unwritten rules and
practices which were created by long standing traditions which were accepted as
binding
2 elements to be customary law:
1) Objective element: there must be widespread (=almost all states have to do
these actions) and consistent state practice
2) Subjective element: there must be opinion juris
(Some human rights are customary law, it is not written that we must respect
them, but we know that it is a binding obligation and that we must respect
human rights)
-State practice= actions or omissions of states
-Opinion juris= a belief in legal obligation states must follow international
customary law rules because they belief it’s an active legal obligation
-Signature= signing, it expresses that you agree on the text of the treaty and
you express your willingness to take it further
(The state signed a treaty and expressed that they agreed on it)
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-Free movements of persons= the ability to move freely within the Eu-border
(if you stay in another country (you make use of the free movement of persons)
you have the right of equally treating (=you have the same rights as the citizens
of that country))
(It is easy for me to go on a vacation in Italy, within the Eu borders, because of
the free movement of persons)
-Internal market= shared internal market for all member states= no internal
tariffsfree movement of people, capital, goods and services
(It is easy for big companies to do business across the Eu countries because of
the internal market)
-Treaty= a written agreement between two states/countries to agree something,
it is binding. (sometimes it allows an international organisation to be part of the
treaty but not always)
(All states signed the treaty about human rights; they agreed to respect those)
-Sovereignty= the power of a state to govern itself. The ability of states to
make their own decisions without another organ that interferesmembers gave a
part of their sovereignty to the EU for big competences
(There are certain scientists who don’t like the Eu because they think that
member states give too much sovereignty to the Eu)
-competences= what an institution can and can’t do the power of the eu to
undertake specific action in a specific field
(The Eu can only act in the areas where it got the competences for, it can’t
decide that a municipality in Belgium must change its name)
-preliminary reference procedure/preliminary rulings= when a national
court asks the international Court of Justice to explain EU law so they can apply it
correctly. (The Court of justice doesn’t take a vote on the outcome of the case; it
just answers the question.)
(The court here in Brussels didn’t know how to apply a certain rule of Eu law, they
had to submit a preliminary ruling to the European court of justice)
-Principle of proportionality= The Eu can’t do more than necessary to reach
their goal (legitimate aim, suitable, necessary, proportional)
(The EU had to adjust its new rule because it went further than necessary under
the principle of proportionality.)
-Positive obligations of states= the state has to take action to make sure that
they guaranty this right
1
, (states have a positive obligation to make sure that everyone has a house to life,
therefore they came up with social buildings)
-Negative obligation of states= state can’t do something, they have to leave
it alone, so the right is respected
(States have a negative obligation for the right to privacy, they can’t interfere in
this human right because everyone has the right to privacy)
(one article/human right can contain them both)
-exhaustion of domestic remedies= an individual must first use all legal
procedures and appeals within their own country before bringing a case to an
international court. Unless when a national court submits a preliminary reference
procedure.
(He couldn’t go to the ICJ yet, he hadn’t exhausted all domestic remedies, that
must be done first)
-Discrimination= to treat someone different than someone in a similar
situation. Treating differently, without an objective and reasonable justification,
when the discrimination is not proportional or without a legitimate aim. (However
states can treat differently to correct factual inequality.)
(All white man could sit in the bus in Amerika, while all black man had to stand, it
was for years that they discriminated black man there)
-Customary law= Rules and principles not written down in treaties but
established by consistent, widespread state behavior, unwritten rules and
practices which were created by long standing traditions which were accepted as
binding
2 elements to be customary law:
1) Objective element: there must be widespread (=almost all states have to do
these actions) and consistent state practice
2) Subjective element: there must be opinion juris
(Some human rights are customary law, it is not written that we must respect
them, but we know that it is a binding obligation and that we must respect
human rights)
-State practice= actions or omissions of states
-Opinion juris= a belief in legal obligation states must follow international
customary law rules because they belief it’s an active legal obligation
-Signature= signing, it expresses that you agree on the text of the treaty and
you express your willingness to take it further
(The state signed a treaty and expressed that they agreed on it)
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