Free movements of persons= the ability to move freely within the Eu-border
-Internal market= shared intergrowed market for all member states
-Treaty= verdrag: agreement between two states/countries to agree something,
it is binding and in written
-Sovereignty= the power of a state to govern itself
-competence of the EU= the power of the EU to undertake action in a specific
field
Court of Justice of the European Union (CJEU) = The Court of Justice
of the European Union ensures that EU law is interpreted and applied
uniformly across all Member States. It reviews the legality of EU acts and
ensures compliance with EU law through procedures such as preliminary
rulings, infringement actions, and appeals.
-preliminary reference procedure/preliminary rulings= prejudiciële vraag=
when a national court asks the Court of Justice of the EU to explain EU law so it
can apply it correctly.
-Principle of proportionality= The union can’t do more than necessary to
reach their goal
European court of human rights
European convention human rights
-Positive obligations of states= States must actively take measures to secure
rights
-Negative obligation of states= The state must refrain from interfering to
secure rights
-exhaustion of domestic remedies= First, all national legal remedies must be
exhausted before you can move on to international legal remedies.
- unlawful Discrimination= treating someone differently in a similar situation
without an objective and reasonable justification
-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 (gewoonterecht)
à 2 elements to be customary law:
1) Objective element: there must be widespread and consistent state practice
2) Subjective element: there must be opinion juris
-general State practice= actions or omissions of states
-Opinion juris= a belief in legal obligation
-Signature of a traty= signing, it expresses the agreement that you agree on
the text of the treaty
-Internal market= shared intergrowed market for all member states
-Treaty= verdrag: agreement between two states/countries to agree something,
it is binding and in written
-Sovereignty= the power of a state to govern itself
-competence of the EU= the power of the EU to undertake action in a specific
field
Court of Justice of the European Union (CJEU) = The Court of Justice
of the European Union ensures that EU law is interpreted and applied
uniformly across all Member States. It reviews the legality of EU acts and
ensures compliance with EU law through procedures such as preliminary
rulings, infringement actions, and appeals.
-preliminary reference procedure/preliminary rulings= prejudiciële vraag=
when a national court asks the Court of Justice of the EU to explain EU law so it
can apply it correctly.
-Principle of proportionality= The union can’t do more than necessary to
reach their goal
European court of human rights
European convention human rights
-Positive obligations of states= States must actively take measures to secure
rights
-Negative obligation of states= The state must refrain from interfering to
secure rights
-exhaustion of domestic remedies= First, all national legal remedies must be
exhausted before you can move on to international legal remedies.
- unlawful Discrimination= treating someone differently in a similar situation
without an objective and reasonable justification
-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 (gewoonterecht)
à 2 elements to be customary law:
1) Objective element: there must be widespread and consistent state practice
2) Subjective element: there must be opinion juris
-general State practice= actions or omissions of states
-Opinion juris= a belief in legal obligation
-Signature of a traty= signing, it expresses the agreement that you agree on
the text of the treaty
