EU law and national law

Primacy

EU law takes precedence over any conflicting

national law

National courts and authorities have to interpret

national law in conformity with EU law

National courts and other public bodies must set

aside the conflicting national provisions

Member States have to nullify unlawful

consequences of a breach of EU law

Direct applicability

regulations

automatically form part of the highest provisions of

a Member State legal system

no need to transpose it

Direct effect (also called direct applicability)

some Treaty provisions, articles of regulations,

directives, international agreements

confer rights on individuals

enforcable at national courts

Not all, must be

Clear and precise

Unconditional

Intended to give a specific right

No need for additional measures

No choice regarding implementation

Indirect effect

directives

duty for national courts to interpret national law in

conformity with directive

Languages in the EU

http://www.youtube.com/user/eutube#p/a/f/0/Afk9hE7qpt

A

23 official languages

Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, Fr

ench, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuan

ian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene,

Spanish and Swedish

All of EU law translated into all official languages

Working languages:

French, English, (German)

Preparatory documents, internal communication

The internal market

Freedom of movement

Today

Single market

Union citizenship, third country nationals

Levels of integration

1. Free trade area (no customs duties, no quotas)

2. Customs union (+ free movement of goods and services, common commercial policy, commoncustoms tariff)

3. Common market (+free movement of labour and capital)

4. Single / internal market (+physical, fiscal and technical obstacles eliminated)

5. Economic union (+ economic policies harmonized, common currency)

6. Political union (+ governance at the communitylevel)

Single market

Free movement of Goods

Persons

Services

Capital

Achieved via positive and negative integration

Still not fully functional

Discrimination

Direct Nationals of other Member States…

Indirect

Not expressly referring to other MS

Rules apply significantly to other nationals

Effect is the same

Restrictions of free movement allowed: In the interests of public policy, public safety and public

health

If proportionate and justified

Free movement of goods

EU a single economic area

Customs union Abolition of customs duties and charges having equivalent

effect (e.g. discriminatory taxes)

Common Customs (External) Tariff

Abolition of quantitative restrictions and measureshaving equivalent effect All rules capable of hindering, directly or indirectly, actually

or potentially, intra-Community trade

Products that have been lawfully produced and marketed inany MS can circulate: mutual recognition

Free movement of persons

EEC: economically active persons and their families

TEU: all EU citizens

International agreements: some rights to specific

other countries’ citizens

Economically active persons

Employees → free movement of workers

Accept offers of employment

Move freely when looking for a job

Stay in a MS for employment

Remain there after employment

No discrimination on how much they are paid

Social security benefits are ”carried”

Economically active persons

Self-employed → freedom of establishment

Doctors, lawyers, architects, wholesalers, craftsmen

Set up and run a firm in any MS

Mutual recognition of diplomas, qualifications

Exception: e.g. law, request for recognition

Non-economically active persons

Move, travel and stay freely in all MS

Study, retirement etc.

Residence permit is needed if staying for over 3

months, automatically issued

Free movement of services

Activities provided for remuneration that do not fall

under the other 3 freedoms

Cross-border element

For provider and recipient

Free movement of capital

Supplements the other freedoms

Monetary union

Developing the internal / single market

European patent

Online trading

European copyright rules

Professional qualification cards

…

EU citizenship

Move, travel and stay freely in all MS

Vote and to be elected in local municipal elections

and EP elections

Receive consular and diplomatic protection

Petition the EP, address the European Ombudsman

European citizenship

If you are a citizen of a Member State, you are a

European citizen

Third country nationals

uniform format for residence permits for third-country

nationals

Long-term residents

European resident status to Non-EU Member Country nationals

resided legally and continuously within the territory of the Member States for five years

equal treatment with nationals as regards:

access to paid and unpaid employment, conditions of employment and working conditions

education and vocational training, recognition of qualifications and study grants;

welfare benefits (family allowances, retirement pensions, etc.) and sickness insurance;

social assistance (minimum income support or retirement pensions, free health care, etc.);

social benefits, tax relief, access to goods and services;

freedom of association and union membership; freedom to represent a union or association.

free access to the entire territory of the Member State concerned.

Reunification of families

protect the family and respect family life

Third country nationals who hold a residence permit valid for at least one year in one of the Member States and who have the genuine option of long-term residence can apply for family reunification

eligible for family reunification: the sponsor's spouse;

children of the couple, including adopted children, who are minors

European Blue Card

improve the EU's ability to attract highly qualified workers

facilitate and simplify the admission

improve the legal status of those already in the EU

rights enter, re-enter and stay in the Member State and pass through

other Member States;

work in the sector concerned;

enjoy equal treatment with nationals as regards, for example, social assistance, tax benefits, recognition of diplomas, education and vocational training.

After 2 years, they can: enjoy equal treatment with nationals as regards access to highly

qualified employment (persons with EC long-term resident status can be active in either and employed or a self-employed capacity).

move to another Member State to take up highly qualified employment (subject to the limits set by the Member State on the number of non-nationals accepted).

Third country nationals - plans

single residence and work permit

application procedure

rights of Non-EU Member Country workers holding this permit, whether they have just arrived or are already resident in a Member State

This permit allows Non-EU Member Country nationals to: enter, re-enter and stay in the issuing Member State;

move freely within that Member State;

pass through other Member States;

exercise the activities authorised under the single permit.

Third country nationals - plans

equal treatment with nationals as regards working conditions;

membership of a labour union or employers' or professional organisation;

education and vocational training;

recognition of diplomas;

social security, including health care;

access to goods and services, including procedures for obtaining housing and the assistance afforded by employment offices;

tax benefits.

Sources

Check http://eulaw-knu.livejournal.com/

http://ec.europa.eu/justice_home/index_en.htm

http://ec.europa.eu/taxation_customs/index_en.htm

http://ec.europa.eu/internal_market/index_en.htm