253-464: In European Union law , a decision is a legal instrument which is binding upon those individuals to which it is addressed. They are one of three kinds of legal instruments which may be effected under EU law which can have legally binding effects on individuals. Decisions may be addressed to member states or individuals. The Council of the European Union can delegate power to make decisions to
506-538: A rapporteur ) and draft the judgment (probably with help from referendaires ). The court always deliberates and votes before the final opinion is written and published. Cases in the General Court can be appealed to the Court of Justice on points of law. While there is no formal appeal procedure from the Court of Justice, in practice its actions are subject to scrutiny by both the supreme courts of member states and
759-524: A Belgian law requiring Scotch whisky imports to have a certificate of origin was unlikely to be lawful. It discriminated against parallel importers like Mr Dassonville, who could not get certificates from authorities in France, where they bought the Scotch . This "wide test", to determine what could potentially be an unlawful restriction on trade, applies equally to actions by quasi-government bodies, such as
1012-616: A High Court , or an Employment Tribunal . In Vaassen v Beambtenfonds Mijnbedrijf the Court of Justice also held that a mining worker pension arbitration tribunal could make a reference. By contrast, and oddly, in Miles v European Schools the Court of Justice held that a Complaints Board of European Schools, set up under the international agreement, the European Schools Convention, could not refer because though it
1265-613: A constitutional law topic is a stub . You can help Misplaced Pages by expanding it . European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for
1518-556: A derogation from equal treatment, so that men and women could be charged different car insurance rates, was unlawful. It contravened the principle of equality in CFREU 2000 articles 21 and 23, and had to be regarded as ineffective after a transition period. By contrast, in Deutsches Weintor eG v Land Rheinland-Pfalz wine producers claimed that a direction to stop marketing their brands as 'easily digestible' ( bekömmlich ) by
1771-536: A nation-state . Eric Hobsbawm argues that the establishment of a French nation was not the result of French nationalism , which would not emerge until the end of the 19th century, but rather the policies implemented by pre-existing French states. Many of these reforms were implemented since the French Revolution , at which time only half of the French people spoke some French – with only
2024-801: A propagandistic and mythologised version , and (especially during conflicts) some nation-states still teach this kind of history. Language and cultural policy was sometimes hostile, aimed at suppressing non-national elements. Language prohibitions were sometimes used to accelerate the adoption of national languages and the decline of minority languages (see examples: Anglicisation , Bulgarization , Croatization , Czechization , Dutchification , Francisation , Germanisation , Hellenization , Hispanicization , Italianization , Lithuanization , Magyarisation , Polonisation , Russification , Serbization , Slovakisation , Swedification , Turkification ). In some cases, these policies triggered bitter conflicts and further ethnic separatism . But where it worked,
2277-572: A qualified majority vote , if not consensus. TEU article 16(4) and TFEU article 238(3) define this to mean at least 55 per cent of the Council members (not votes) representing 65 per cent of the population of the EU: currently this means around 74 per cent, or 260 of the 352 votes. This is critical during the legislative process. To make new legislation, TFEU article 294 defines the " ordinary legislative procedure " that applies for most EU acts. The essence
2530-474: A royal house . Their territory could expand by royal intermarriage or merge with another state when the dynasty merged. In some parts of Europe, notably Germany , minimal territorial units existed. They were recognized by their neighbours as independent and had their government and laws. Some were ruled by princes or other hereditary rulers; some were governed by bishops or abbots . Because they were so small, however, they had no separate language or culture:
2783-479: A " preliminary ruling " on EU law's proper interpretation. TFEU article 267 says court "may" refer "if it considers" this "is necessary to enable it to give judgment", and "shall bring the matter before the Court" if there is no possibility for further appeal and remedy. Any "court or tribunal of a Member State" can refer. This is widely interpreted. It obviously includes bodies like the UK Supreme Court ,
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#17327904560193036-735: A "European" state which respects the principles of " human dignity , freedom , democracy, equality , the rule of law , and respect for human rights, including the rights of persons belonging to minorities ". Countries whose territory is wholly outside the European continent cannot therefore apply. Nor can any country without fully democratic political institutions which ensure standards of " pluralism , non-discrimination, tolerance , justice, solidarity and equality between women and men prevail". Article 50 says any member state can withdraw in accord "with its own constitutional requirements", by negotiated "arrangements for its withdrawal, taking account of
3289-424: A "nation-state" is not universally accepted. "All attempts to develop terminological consensus around 'nation' failed", concludes academic Valery Tishkov . Walker Connor discusses the impressions surrounding the characters of " nation ", " (sovereign) state ", "nation-state", and " nationalism ". Connor, who gave the term " ethnonationalism " wide currency, also discusses the tendency to confuse nation and state and
3542-608: A Belgian law requiring all margarine to be in cube shaped packages infringed article 34, and was not justified by the pursuit of consumer protection. The argument that Belgians would believe it was butter if it was not cube shaped was disproportionate: it would "considerably exceed the requirements of the object in view" and labelling would protect consumers "just as effectively". In a 2003 case, Commission v Italy Italian law required that cocoa products that included other vegetable fats could not be labelled as "chocolate". It had to be "chocolate substitute". All Italian chocolate
3795-519: A Canadian group representing the Inuit wished to challenge a Regulation on seal products, but were not allowed. They would have to show both direct and individual concern as normal. Thus, without a treaty change, EU administrative law remains one of the most restrictive in Europe. Although access to judicial review is restricted for ordinary questions of law, the Court of Justice has gradually developed
4048-582: A Directive's deadline for implementation is not met, the member state cannot enforce conflicting laws, and a citizen may rely on the Directive in such an action (so called "vertical" direct effect). So, in Pubblico Ministero v Ratti because the Italian government had failed to implement a Directive 73/173/EEC on packaging and labelling solvents by the deadline, it was estopped from enforcing
4301-635: A Directive. So, in CIA Security v Signalson and Securitel the Court of Justice held that a business called CIA Security could defend itself from allegations by competitors that it had not complied with a Belgian decree from 1991 about alarm systems, on the basis that it had not been notified to the commission as a Directive required. Third, if a Directive gives expression to a "general principle" of EU law, it can be invoked between private non-state parties before its deadline for implementation. This follows from Kücükdeveci v Swedex GmbH & Co KG where
4554-675: A Dutch woman living in the Netherlands, but working between 3 and 14 hours a week in Germany, did not have a right to receive German child benefits, even though the wife of a man who worked full-time in Germany but was resident in Austria could. The general justifications for limiting free movement in TFEU article 45(3) are "public policy, public security or public health", and there is also a general exception in article 45(4) for "employment in
4807-627: A French trade union claimed that the French Labour Code should not exclude casual workers from counting toward the right to set up a work council that an employing entity must inform and consult. They said this contravened the Information and Consultation of Employees Directive and also CFREU article 27. The Court of Justice agreed that the French Labour Code was incompatible with the Directive, but held that article 27
5060-485: A Union law where a State law conflicted, even though the member state government could be sued, if it would impose an obligation on another citizen or corporation. These rules on " direct effect " limit the extent to which member state courts are bound to administer EU law. All actions by EU institutions can be subject to judicial review , and judged by standards of proportionality , particularly where general principles of law, or fundamental rights are engaged. The remedy for
5313-490: A block, subject to a qualified majority vote of the council to approve, and majority approval of the Parliament. The Parliament can only approve or reject the whole commission, not individual commissioners but conducts public hearings with each of them prior to its vote, which in practice often triggers changes to individual appointments or portfolios. TFEU art 248 says the president may reshuffle commissioners, though this
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#17327904560195566-471: A body of law which binds both their nationals and themselves" on the "basis of reciprocity". EU law would not "be overridden by domestic legal provisions, however framed... without the legal basis of the community itself being called into question". This meant any "subsequent unilateral act" of the member state inapplicable. Similarly, in Amministrazione delle Finanze dello Stato v Simmenthal SpA ,
5819-454: A claimant where there has been a breach of the law is often monetary damages, but courts can also require specific performance or will grant an injunction, in order to ensure the law is effective as possible. Although it is generally accepted that EU law has primacy, not all EU laws give citizens standing to bring claims: that is, not all EU laws have " direct effect ". In Van Gend en Loos v Nederlandse Administratie der Belastingen it
6072-464: A common descent, a common language and many forms of shared culture. When implied unity was absent, the nation-state often tried to create it. It promoted a uniform national language through language policy . The creation of national systems of compulsory primary education and a relatively uniform curriculum in secondary schools was the most effective instrument in the spread of the national languages . The schools also taught national history, often in
6325-536: A company, Simmenthal SpA, claimed that a public health inspection fee under an Italian law of 1970 for importing beef from France to Italy was contrary to two Regulations from 1964 and 1968. In "accordance with the principle of the precedence of Community law", said the Court of Justice, the "directly applicable measures of the institutions" (such as the Regulations in the case) "render automatically inapplicable any conflicting provision of current national law". This
6578-432: A conflicting national law from 1963 against Mr Ratti's solvent and varnish business. A member state could "not rely, as against individuals, on its own failure to perform the obligations which the Directive entails". Second, a citizen or company can also invoke a Directive as a defence in a dispute with another citizen or company (not just a public authority) which is attempting to enforce a national law that conflicts with
6831-485: A country does not need to have a predominant national or ethnic group. A nation , sometimes used in the sense of a common ethnicity , may include a diaspora or refugees who live outside the nation-state; some nations of this sense do not have a state where that ethnicity predominates. In a more general sense, a nation-state is simply a large, politically sovereign country or administrative territory. A nation-state may be contrasted with: This article mainly discusses
7084-422: A coupon with his name and address, was entitled to claim that this violated his dignity: he was entitled not to have to go through the humiliation of proving his identity to get food. While those 'general principles' were not written down in EU law, and simply declared to exist by the court, it accords with a majority philosophical view that 'black letter' rules, or positive law , necessarily exist for reasons that
7337-705: A culture had developed where few Commissioners had 'even the slightest sense of responsibility'. This led to the creation of the European Anti-fraud Office . In 2012, it investigated the Maltese Commissioner for Health, John Dalli , who quickly resigned after allegations that he received a €60m bribe in connection with a Tobacco Products Directive . Beyond the commission, the European Central Bank has relative executive autonomy in its conduct of monetary policy for
7590-665: A dialogue within a plural and transnational judicial system. It added that it might not interpret the European Communities Act 1972 to abridge basic principles and understanding of constitutional functioning – in effect implying that it might decline to follow unreasonable Court of Justice judgments on important issues. Similarly, the German Constitutional Court in the Outright Monetary Transactions case referred
7843-684: A diversity of rulers and "shadow caliphs" in the centuries of the Abbasid - Mamluk Caliphate since the Mongols' sacking of Baghdad and the killing of the last Abbasid Caliph in Baghdad, Iraq 1258. The Ottoman Caliphate as an office of the Ottoman Empire was abolished under Mustafa Kemal Atatürk in 1924 as part of Atatürk's Reforms . Some of the smaller European states were not so ethnically diverse but were also dynastic states ruled by
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8096-464: A duty under the Treaties, both by failing to operate a scheme to pay farmers a premium to slaughter cows (to reduce dairy overproduction), and by reproducing the rules in a decree with various additions. "Regulations", held the Court of Justice, "come into force solely by virtue of their publication" and implementation could have the effect of "jeopardizing their simultaneous and uniform application in
8349-488: A full union characteristic of a federal state . But in Europe those stages were mixed, and it is unclear whether the " endgame " should be the same as a state. Free trade , without rights to ensure fair trade , can benefit some groups within countries (particularly big business) more than others, and disadvantages people who lack bargaining power in an expanding market, particularly workers, consumers, small business , developing industries, and communities. For this reason,
8602-496: A good justification, Van Gend en Loos could recover the money it paid for the tariff. EU Regulations are the same as Treaty provisions in this sense, because as TFEU article 288 states, they are 'directly applicable in all Member States'. Member states come under a duty not to replicate Regulations in their own law, in order to prevent confusion. For instance, in Commission v Italy the Court of Justice held that Italy had breached
8855-404: A large geographic area and uses the concept of " Zhonghua minzu " or Chinese nationality, in the sense of ethnic groups . Still, it also officially recognizes the majority Han ethnic group which accounts for over 90% of the population, and no fewer than 55 ethnic national minorities . According to Philip G. Roeder, Moldova is an example of a Soviet-era "segment-state" ( Moldavian SSR ), where
9108-663: A long history of intermarriage. Belgium is a classic example of a state that is not a nation-state. The state was formed by secession from the United Kingdom of the Netherlands in 1830, whose neutrality and integrity was protected by the Treaty of London 1839 ; thus, it served as a buffer state after the Napoleonic Wars between the European powers France , Prussia (after 1871 the German Empire ) and
9361-403: A more open approach to standing for human rights. Human rights have also become essential in the proper interpretation and construction of all EU law. If there are two or more plausible interpretations of a rule, the one which is most consistent with human rights should be chosen. The Treaty of Lisbon 2007 made rights underpin the Court of Justice 's competence, and required the EU's accession to
9614-410: A national statute. But, if a member state has failed to implement a Directive, a citizen may not be able to bring claims against other non-state parties. It must instead sue the member state itself for failure to implement the law. In sum, the Court of Justice's position on direct effect means that governments and taxpayers must bear the cost of private parties, mostly corporations, for refusing to follow
9867-410: A policy to create and maintain national transportation infrastructure, facilitating trade and travel. In 19th-century Europe, the expansion of the rail transport networks was at first largely a matter for private railway companies but gradually came under the control of the national governments. The French rail network, with its main lines radiating from Paris to all corners of France, is often seen as
10120-505: A precondition for rights. This means the basic "worker" rights in TFEU article 45 function as a specific expression of the general rights of citizens in TFEU articles 18 to 21. According to the Court of Justice , a "worker" is anybody who is economically active, which includes everyone in an employment relationship, "under the direction of another person" for "remuneration". A job, however, need not be paid in money for someone to be protected as
10373-500: A product's content ) it was outside the scope of article 34, and so did not need to be justified. Selling arrangements can be held to have an unequal effect "in fact" particularly where traders from another member state are seeking to break into the market, but there are restrictions on advertising and marketing. In Konsumentombudsmannen v De Agostini the Court of Justice reviewed Swedish bans on advertising to children under age 12, and misleading commercials for skin care products. While
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10626-595: A proposal by the European Council. The latter must take account of the results of the European elections, in which European political parties announce the name of their candidate for this post. Hence, in 2014, Juncker, the candidate of the European People's Party which won the most seats in Parliament, was proposed and elected. The remaining commissioners are appointed by agreement between the president-elect and each national government, and are then, as
10879-494: A quarter of those speaking the version of it found in literature and places of learning. As the number of Italian speakers in Italy was even lower at the time of Italian unification , similar arguments have been made regarding the modern Italian nation, with both the French and the Italian states promoting the replacement of various regional dialects and languages with standardized dialects . The introduction of conscription and
11132-533: A question for preliminary ruling on whether the European Central Bank 's plan to buy Greek and other government bonds on secondary markets, despite the Treaty prohibition on buying them directly, was unlawful. In a highly unusual move, the two most senior judges dissented that the ECB's plan could be lawful, while the majority closely guided the Court of Justice on the appropriate mode of reasoning. If references are made,
11385-517: A reflection of the centralised French nation-state, which directed its construction . Nation states continue to build, for instance, specifically national motorway networks. Specifically, transnational infrastructure programmes, such as the Trans-European Networks , are a recent innovation. The nation-states typically had a more centralised and uniform public administration than their imperial predecessors: they were smaller, and
11638-757: A relatively unified state and identity in Portugal and the Dutch Republic , and some date the emergence of nations even earlier. Adrian Hastings , for instance, argued that Ancient Israel as depicted in the Hebrew Bible "gave the world the model of nationhood, and even nation-statehood"; however, after the fall of Jerusalem , the Jews lost this status for nearly two millennia, while still preserving their national identity until "the more inevitable rise of Zionism ", in modern times, which sought to establish
11891-432: A reviewable act of an EU institution is not found compatible with the law, under article 264, it will be declared void. However, only a limited number of people can bring claims for judicial review. Under TFEU article 263(2), a member state, the Parliament, Council or Commission have automatic rights to seek judicial review. But under article 263(4) a "natural or legal person" must have a "direct and individual concern" about
12144-585: A serious insult at that time when racism was gaining strength. Building the nation (as in France , it was the state that created the nation, and not the opposite process) is an ideal that the Spanish elites constantly reiterated, and, one hundred years later than Alcalá Galiano, for example, we can also find it in the mouth of the fascist José Pemartín , who admired the German and Italian modeling policies: "There
12397-496: A start, they have a different attitude to their territory compared to dynastic monarchies: it is semisacred and nontransferable. No nation would swap territory with other states simply, for example, because the king's daughter married. They have a different type of border , in principle, defined only by the national group's settlement area. However, many nation-states also sought natural borders (rivers, mountain ranges). They are constantly changing in population size and power because of
12650-482: A state measure, (2) it provided a public service, and (3) had special powers. This could also be true if the enterprise is privatised , as it was held with a water company that was responsible for basic water provision. Fifth, national courts have a duty to interpret domestic law "as far as possible in the light of the wording and purpose of the directive". Textbooks (though not the Court itself) often called this " indirect effect ". In Marleasing SA v La Comercial SA
12903-513: A state. In Germany, neither Jews nor the Roma were considered part of the people, and both were specifically targeted for persecution. German nationality law defined "German" based on German ancestry, excluding all non-Germans from the people. In recent years, a nation-state's claim to absolute sovereignty within its borders has been criticized. A global political system based on international agreements and supra-national blocs characterized
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#173279045601913156-664: A striking victory, inaugurated a series of peaceful anti-communist revolutions in Central and Eastern Europe that eventually culminated in the fall of communism. In November 1989, protestors in Berlin began taking down the Berlin Wall , which became a symbol of the collapse of the Iron Curtain , with most of Eastern Europe declaring independence and moving to hold democratic elections by 1991. The Treaty of Maastricht renamed
13409-461: A sub-set of at least member states, authorisation must be given by the council. Member state governments should be informed by the Commission at the outset before any proposals start the legislative procedure. The EU as a whole can only act within its power set out in the Treaties. TEU articles 4 and 5 state that powers remain with the member states unless they have been conferred, although there
13662-559: A traditional national heritage of civic nations , or territory-based nationalities . The idea of a nation-state was and is associated with the rise of the modern system of states, often called the " Westphalian system ", following the Treaty of Westphalia (1648). The balance of power , which characterized that system, depended for its effectiveness upon clearly defined, centrally controlled, independent entities, whether empires or nation states, which recognize each other's sovereignty and territory. The Westphalian system did not create
13915-531: A worker. For example, in Steymann v Staatssecretaris van Justitie , a German man claimed the right to residence in the Netherlands, while he volunteered plumbing and household duties in the Bhagwan community, which provided for everyone's material needs irrespective of their contributions. The Court of Justice held that Mr Steymann was entitled to stay, so long as there was at least an "indirect quid pro quo" for
14168-544: Is a debate about the Kompetenz-Kompetenz question: who ultimately has the "competence" to define the EU's "competence". Many member state courts believe they decide, other member state Parliaments believe they decide, while within the EU, the Court of Justice believes it has the final say. The judiciary of the EU has played an important role in the development of EU law. It interprets the treaties , and has accelerated economic and political integration. Today
14421-483: Is alleged to violate EU law, and (3) other direct actions, where the EU or member state is involved as a party to the dispute, and gives final rulings. The Rules of Procedure of the Court of Justice, modelled on the International Court of Justice , begin with submission of written cases to the court, followed by a short oral hearing. In each case a judge is designated to actively manage the hearing (called
14674-645: Is also cultural, and there is a strong separatist movement espoused by the political parties, the right-wing Vlaams Belang and the New Flemish Alliance . The Francophone Walloon identity of Belgium is linguistically distinct and regionalist . There is also unitary Belgian nationalism , several versions of a Greater Netherlands ideal, and a German-speaking community of Belgium annexed from Germany in 1920 and re-annexed by Germany in 1940–1944. However, these ideologies are all very marginal and politically insignificant during elections. China covers
14927-673: Is an intimate and decisive dualism, both in Italian fascism and in German National Socialism. On the one hand, the Hegelian doctrine of the absolutism of the state is felt. The State originates in the Nation, educates and shapes the mentality of the individual; is, in Mussolini's words, the soul of the soul» And will be found again two hundred years later, from the socialist Josep Borrell : The modern history of Spain
15180-480: Is an unfortunate history that meant that we did not consolidate a modern State. Independenceists think that the nation makes the State. I think the opposite. The State makes the nation. A strong State, which imposes its language, culture, education. The turn of the 20th century, and the first half of that century, have seen the most ethnic violence, coinciding with a racism that even came to identify states with races; in
15433-669: Is applied by member state courts (e.g. the English Court of Appeal , the German Bundesgerichtshof , the Belgian Cour du travail , etc.). Member state courts can refer questions to the CJEU for a preliminary ruling . The CJEU's duty is to "ensure that in the interpretation and application of the Treaties the law is observed", although realistically it has the ability to expand and develop the law according to
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#173279045601915686-561: Is because TFEU article 288 says Directives are addressed to the member states and usually "leave to the national authorities the choice of form and methods" to implement. In part this reflects that directives often create minimum standards, leaving member states to apply higher standards. For example, the Working Time Directive requires that every worker has at least 4 weeks paid holidays each year, but most member states require more than 28 days in national law. However, on
15939-498: Is constitutionally a confederation of cantons and has four official languages. Still, it also has a "Swiss" national identity, a national history and a classic national hero, Wilhelm Tell . Innumerable conflicts have arisen where political boundaries did not correspond with ethnic or cultural boundaries. After World War II in the Josip Broz Tito era, nationalism was appealed to for uniting South Slav peoples. Later in
16192-430: Is criticised for being not inclusive enough and having failed to establish a truly borderless space of social solidarity. In 2008, just 8 million people from 500 million EU citizens (1.7 per cent) had in fact exercised rights of free movement, the vast majority workers. According to TFEU article 20, citizenship of the EU derives from nationality of a member state. Article 21 confers general rights to free movement in
16445-482: Is indicated that Catalan "is taught in schools, printed and spoken, not only among the lower class, but also among people of first quality, also in social gatherings, as in visits and congresses", indicating that it is spoken everywhere "except in the royal courts". He also indicates that Catalan is also spoken "in the Kingdom of Valencia, in the islands of Mallorca, Menorca, Ibiza, Sardinia, Corsica and much of Sicily, in
16698-430: Is misleading or aggressive, and sets out a list of examples that count as unfair. Increasingly, states have to give mutual recognition to each other's standards of regulation, while the EU has attempted to harmonise minimum ideals of best practice. The attempt to raise standards is hoped to avoid a regulatory " race to the bottom ", while allowing consumers access to goods from around the continent. Since its foundation,
16951-460: Is no defence. So, in Factortame it was irrelevant that Parliament had legislated to require a quota of British ownership of fishing vessels in primary legislation. Similarly, in was Brasserie du Pêcheur v Germany the German government was liable to a French beer company for damages from prohibiting its imports, which did not comply with the fabled beer purity law . It was not decisive that
17204-609: Is not meant to be a licence for unrestricted commercial profit. Increasingly, the Treaties and the Court of Justice aim to ensure free trade serves higher values such as public health, consumer protection, labour rights , fair competition, and environmental improvement. Free movement of goods within the European Union is achieved by a customs union , and the principle of non-discrimination. The EU manages imports from non-member states, duties between member states are prohibited, and imports circulate freely. In addition under
17457-428: Is there are three readings, starting with a Commission proposal, where the Parliament must vote by a majority of all MEPs (not just those present) to block or suggest changes, and the Council must vote by qualified majority to approve changes, but by unanimity to block Commission amendment. Where the different institutions cannot agree at any stage, a " Conciliation Committee" is convened, representing MEPs, ministers and
17710-502: Is uncommon, without member state approval. A proposal that the commissioners be drawn from the elected Parliament, was not adopted in the Treaty of Lisbon , though in practice several invariable are, relinquishing their seat in order to serve. Commissioners have various privileges, such as being exempt from member state taxes (but not EU taxes), and having immunity from prosecution for doing official acts. Commissioners have sometimes been found to have abused their offices, particularly since
17963-663: The lex mercatoria , spreading basic norms of good faith and fair dealing through their business. In 1517, the Protestant Reformation triggered a hundred years of crisis and instability. Martin Luther nailed a list of demands to the church door of Wittenberg , King Henry VIII declared a unilateral split from Rome with the Act of Supremacy 1534 , and conflicts flared across the Holy Roman Empire until
18216-652: The Solange I and Solange II decisions is that if the EU does not comply with its basic constitutional rights and principles (particularly democracy, the rule of law and the social state principles ) then it cannot override German law. However, as the nicknames of the judgments go, "so long as" the EU works towards the democratisation of its institutions, and has a framework that protects fundamental human rights, it would not review EU legislation for compatibility with German constitutional principles. Most other member states have expressed similar reservations. This suggests
18469-631: The Volk , later opposed by Ernest Renan ). The increasing emphasis during the 19th century on the ethnic and racial origins of the nation led to a redefinition of the nation-state in these terms. Racism , which in Boulainvilliers 's theories was inherently anti patriotic and antinationalist, joined itself with colonialist imperialism and "continental imperialism ", most notably in pan-Germanic and pan-Slavic movements. The relationship between racism and ethnic nationalism reached its height in
18722-641: The Bretton Woods Conference set up a new system of integrated World Banking , finance and trade . Also, the Council of Europe , formed by the Treaty of London 1949 , adopted a European Convention on Human Rights , overseen by a new transnational court in Strasbourg in 1950. Already in 1946, Winston Churchill , who had been defeated as UK Prime Minister in 1945 , had called for a " United States of Europe ", though this did not mean
18975-543: The British Empire , the Dutch Empire and smaller nations at what would now be called sub-state level. The multi-ethnic empire was a monarchy, usually absolute , ruled by a king, emperor or sultan . The population belonged to many ethnic groups, and they spoke many languages. The empire was dominated by one ethnic group, and their language was usually the language of public administration. The ruling dynasty
19228-756: The Charter of Fundamental Rights of the European Union in 2000. While the UK has opted out of direct application of the Charter, this has little practical relevance since the Charter merely reflected pre-existing principles and the Court of Justice uses the Charter to interpret all EU law. For example, in Test-Achats ASBL v Conseil des ministres , the Court of Justice held that Equal Treatment in Goods and Services Directive 2004 article 5(2), which purported to allow
19481-464: The Court of Justice held in Parti écologiste "Les Verts" v European Parliament that this was entirely an issue to be regulated by the member states. The Parliament's powers include calling inquiries into maladministration or appoint an Ombudsman pending any court proceedings. It can require the Commission respond to questions and by a two-thirds majority can censure the whole Commission (as happened to
19734-411: The Court of Justice of the European Union (CJEU) is the main judicial body, within which there is a higher Court of Justice that deals with cases that contain more public importance, and a General Court that deals with issues of detail but without general importance, and then a separate Court of Auditors . Under the Treaty on European Union article 19(2) there is one judge from each member state in
19987-610: The Decrees of Nueva Planta was the first step in the creation of the Spanish nation-state. As in other contemporary European states, political union was the first step in the creation of the Spanish nation-state, in this case not on a uniform ethnic basis, but through the imposition of the political and cultural characteristics of the dominant ethnic group, in this case the Castilians, over those of other ethnic groups, who became national minorities to be assimilated. In fact, since
20240-611: The European Commission . The legislative procedure for the adoption of a decision varies depending on its subject matter. The ordinary legislative procedure (formerly known as the Codecision procedure) requires the agreement of and allows amendments by both the European Parliament and the Council of the European Union . The Assent procedure requires the agreement of both Parliament and Council, but
20493-618: The European Convention on Human Rights , overseen by the external Strasbourg Court . Initially, reflecting its primitive economic nature, the treaties made no reference to rights. However, in 1969 particularly after concern from Germany, the Court of Justice declared in Stauder v City of Ulm that 'fundamental human rights' were 'enshrined in the general principles of Community law'. This meant that Mr Stauder, who received subsidised butter under an EU welfare scheme only by showing
20746-764: The European Convention on Human Rights , the European Social Charter 1961 , the Universal Declaration of Human Rights 1948 , or the International Labour Organization 's Conventions. The EU itself must accede to the ECHR , although in Opinion 2/13 the Court of Justice delayed, because of perceived difficulties in retaining an appropriate balance of competences. Many of the most important rights were codified in
20999-474: The European Court of Human Rights , even if the final balance of power is unresolved. Since its founding, the EU has operated among an increasing plurality of member state and globalising legal systems. This has meant both the European Court of Justice and the supreme courts of the states have had to develop principles to resolve conflicts of laws between different systems. Within the EU itself,
21252-627: The European Free Trade Area (EFTA) and thus the European Economic Area (EEA), abiding by most EU law but without any voting rights. At the Treaty of Amsterdam , with a new Labour government, the UK joined the social chapter. A newly confident EU then sought to expand. First, the Treaty of Nice made voting weight more proportionate to population. Second, the Euro currency went into circulation in 2002. Third came
21505-483: The European Parliament had its first direct elections, reflecting a growing consensus that the EEC should be less a union of member states, and more a union of peoples. The 1986 Single European Act increased the number of treaty issues in which qualified majority voting (rather than consensus) would be used to legislate, as a way to accelerate trade integration. The Schengen Agreement of 1985 (not initially signed by Italy,
21758-527: The European debt crisis developed when international investment withdrew and Greece, Spain, Portugal, and Ireland saw international bond markets charge unsustainably high interest rates on government debt. Eurozone governments and staff of the European Central Bank believed that it was necessary to save their banks by taking over Greek debt, and impose " austerity " and " structural adjustment " measures on debtor states. This exacerbated further contraction in
22011-605: The German Civil Code §622 stated that the years people worked under the age of 25 would not count towards the increasing statutory notice before dismissal. Ms Kücükdeveci worked for 10 years, from age 18 to 28, for Swedex GmbH & Co KG before her dismissal. She claimed that the law not counting her years under age 25 was unlawful age discrimination under the Employment Equality Framework Directive . The Court of Justice held that
22264-711: The International Peace Congress in 1849 envisioned a day when there would be a "United States of America and the United States of Europe face to face, reaching out for each other across the seas". World War I devastated Europe's society and economy, and the Versailles Treaty failed to establish a workable international system in the League of Nations , any European integration, and imposed punishing terms of reparation payments for
22517-722: The May 1968 events in France and de Gaulle's resignation, the way was free for the United Kingdom, Ireland, and Denmark to join in 1973. Norway had rejected joining in a 1972 referendum , while the UK confirmed its membership in a 1975 referendum . Aside from the European Economic Community itself, the European continent underwent a profound transition towards democracy. The dictators of Greece and Portugal were deposed in 1974, and Spain's dictator died in 1975, enabling their accession in 1981 and 1986. In 1979,
22770-508: The Muslim world , immediately after Muhammad died in 632, Caliphates were established. Caliphates were Islamic states under the leadership of a political-religious successor to the Islamic prophet Muhammad . These polities developed into multi-ethnic trans-national empires. The Ottoman sultan, Selim I (1512–1520) reclaimed the title of caliph, which had been in dispute and asserted by
23023-717: The Ottoman Empire broke up after the First World War , but the Russian Empire was replaced by the Soviet Union in most of its multinational territory after the Russian Civil War . A few of the smaller states survived: the independent principalities of Liechtenstein , Andorra , Monaco , and the Republic of San Marino . ( Vatican City is a special case. All of the larger Papal States save
23276-527: The Peace of Augsburg 1555 guaranteed each principality the right to its chosen religion ( cuius regio, eius religio ). This unstable settlement unravelled in the Thirty Years' War (1618–1648), killing around a quarter of the population in central Europe. The Treaty of Westphalia 1648 , which brought peace according to a system of international law inspired by Hugo Grotius , is generally acknowledged as
23529-481: The Santer Commission in 1999). In some cases, the Parliament has explicit consultation rights, which the Commission must genuinely follow. However its participation in the legislative process still remains limited because no member can actually or pass legislation without the Commission and Council, meaning power ("kratia") is not in the hands of directly elected representatives of the people ("demos"): in
23782-489: The Santer Commission was censured by Parliament in 1999, and it eventually resigned due to corruption allegations. This resulted in one main case, Commission v Edith Cresson where the European Court of Justice held that a Commissioner giving her dentist a job, for which he was clearly unqualified, did in fact not break any law. By contrast to the ECJ's strictly legalistic approach, a Committee of Independent Experts found that
24035-649: The Schengen Agreements of 1985 and 1990 allow people to move without any passport or ID checks anywhere in the EU, but did not apply to the UK or Ireland. During the European debt crisis , the Treaty Establishing the European Stability Mechanism 2012 and the Treaty on Stability, Co-ordination and Governance 2012 (the "Fiscal Compact") were adopted only for member states who had the Euro (i.e. not Denmark, Sweden,
24288-481: The Supreme Court of the United Kingdom noted that in R (HS2 Action Alliance Ltd) v Secretary of State for Transport , although the UK constitution is uncodified, there could be "fundamental principles" of common law, and Parliament "did not either contemplate or authorise the abrogation" of those principles when it enacted the European Communities Act 1972 . The view of the German Constitutional Court from
24541-483: The Third Republic 's 1880s laws on public instruction facilitated the creation of a national identity under this theory. Some nation-states, such as Germany and Italy , came into existence at least partly as a result of political campaigns by nationalists during the 19th century. In both cases, the territory was previously divided among other states, some very small. At first, the sense of common identity
24794-599: The Treaty of Lisbon , it was agreed to keep the system of one Commissioner from each of the member states, including the President and the High Representative for Foreign and Security Policy (currently Josep Borrell ) The Commissioner President is elected by the European Parliament by an absolute majority of its members, following the parliamentary elections every five years, on the basis of
25047-533: The Treaty of Rome , and requested a reference be made to both the Italian Constitutional Court and the Court of Justice under TFEU article 267. The Italian Constitutional Court gave an opinion that because the nationalisation law was from 1962, and the treaty was in force from 1958, Costa had no claim. By contrast, the Court of Justice held that ultimately the Treaty of Rome in no way prevented energy nationalisation, and in any case under
25300-484: The Treaty on European Union and the Treaty on the Functioning of the European Union , which have been agreed or adhered to among the governments of all 27 member states. The Treaties establish the EU's institutions, list their powers and responsibilities, and explain the areas in which the EU can legislate with Directives or Regulations . The European Commission has the right to propose new laws, formally called
25553-458: The Treaty on the Functioning of the European Union article 34, 'Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States'. In Procureur du Roi v Dassonville the Court of Justice held that this rule meant all "trading rules" that are "enacted by Member States" which could hinder trade "directly or indirectly, actually or potentially" would be caught by article 34. This meant that
25806-523: The UN Security Council resolution . In Kadi v Commission , Mr Kadi claimed there was no evidence that he was connected to terrorism, and he had not had a fair trial : a fundamental human right. The opinion of AG Maduro recalled Aharon Barak , of the Supreme Court of Israel , that it "is when the cannons roar that we especially need the laws". The Court of Justice held that even UN member cannot contravene "the principles that form part of
26059-767: The United Kingdom until World War I , when the Germans breached its neutrality. Currently, Belgium is divided between the Flemings in the north, the French-speaking population in the south, and the German-speaking population in the east. The Flemish population in the north speaks Dutch, the Walloon population in the south speaks either French or, in the east of Liège Province , German. The Brussels population speaks French or Dutch. The Flemish identity
26312-485: The World Trade Organization , EU law breaks down barriers to trade, by creating rights to free movement of goods, services, labour and capital . This is meant to reduce consumer prices and raise living standards. Early theorists argued a free trade area would give way to a customs union , which led to a common market , then monetary union , then union of monetary and fiscal policy, and eventually
26565-609: The hovrätt , since Sweden's Supreme Court ( Högsta domstol ) had to give permission for appeals to continue. The practical difficulty is that judges differ on their views of whether or not the law is clear. In a significant case, Three Rivers DC v Governor of the Bank of England the UK House of Lords felt confident that it was clear under the First Banking Directive that depositors did not have direct rights to sue
26818-414: The right of legislative initiative . During the ordinary legislative procedure , the Council (which are ministers from member state governments) and the European Parliament (elected by citizens) can make amendments and must give their consent for laws to pass. The Commission oversees departments and various agencies that execute or enforce EU law. The " European Council " (rather than the Council of
27071-503: The " social market economy " concept was only put into EU law by the 2007 Treaty of Lisbon , free movement and trade were central to European development since the Treaty of Rome in 1957. The standard theory of comparative advantage says two countries can both benefit from trade even if one of them has a less productive economy in all respects. Like the North American Free Trade Association , or
27324-572: The "nation-state project of the segment-state trumped the nation-state project of prior statehood. In Moldova, despite strong agitation from university faculty and students for reunification with Romania , the nation-state project forged within the Moldavian SSR trumped the project for a return to the interwar nation-state project of Greater Romania ." See Controversy over linguistic and ethnic identity in Moldova for further details. Israel
27577-449: The "principle of conferral" says the EU can do nothing except the things which it has express authority to do. The limits of its competence are governed by the Court of Justice , and the courts and Parliaments of member states. As the European Union has grown from 6 to 27 member states, a clear procedure for accession of members is set out in TEU article 49. The European Union is only open to
27830-459: The 20th century through fascism and Nazism . The specific combination of "nation" ("people") and "state" expressed in such terms as the völkischer Staat and implemented in laws such as the 1935 Nuremberg laws made fascist states such as early Nazi Germany qualitatively different from non-fascist nation-states. Minorities were not considered part of the people ( Volk ) and were consequently denied to have an authentic or legitimate role in such
28083-569: The 20th century, after the break-up of the Soviet Union, leaders appealed to ancient ethnic feuds or tensions that ignited conflict between the Serbs , Croats , and Slovenes , as well as Bosniaks , Montenegrins and Macedonians , eventually breaking up the long collaboration of peoples. Ethnic cleansing was carried out in the Balkans, destroying the formerly socialist republic and producing
28336-622: The Bank of England for alleged failure to carry out adequate prudential regulation. Their Lordships highlighted that while some uncertainty might exist, the costs of delay in making a reference outweighed the benefits from total certainty. By contrast, in ParkingEye Ltd v Beavis , a majority of the Supreme Court apparently felt able to declare that the law under Unfair Terms in Consumer Contracts Directive
28589-643: The Castilian language, for which purpose he will give the most temperate and disguised measures so that the effect is achieved, without the care being noticed." From there, actions in the service of assimilation, discreet or aggressive, were continued, and reached to the last detail, such as, in 1799, the Royal Certificate forbidding anyone to "represent, sing and dance pieces that were not in Spanish." These nationalist policies, sometimes very aggressive, and still in force, have been, and still are,
28842-484: The Catalans. One of the responses of Spanish nationalism came from the military state with statements such as that of the publication La Correspondencia militar : "The Catalan problem is not solved, well, by freedom, but by restriction; not by palliatives and pacts, but by iron and fire". Another came from important Spanish intellectuals, such as Pio Baroja and Blasco Ibáñez , calling the Catalans " Jews ", considered
29095-460: The Court has approved residential qualifying periods. In Hendrix v Employee Insurance Institute the Court of Justice held that a Dutch national was not entitled to continue receiving incapacity benefits when he moved to Belgium, because the benefit was "closely linked to the socio-economic situation" of the Netherlands. Conversely, in Geven v Land Nordrhein-Westfalen the Court of Justice held that
29348-477: The Court of Justice , article 11, says the court is usually organised into chambers of 3 or 5 judges each. A "grand chamber" of 15 more senior judges sit on questions of "difficulty or importance", or those requested by member states. The court's president and vice-president are elected by other judges for renewable 3-year terms by secret ballot. Judges can only be dismissed if all other judges and Advocates General unanimously agree. Advocates General are appointed by
29601-437: The Court of Justice added that member state liability could also flow from judges failing to adequately implement the law. On the other hand, it is also clear that EU institutions, such as the commission, may be liable according to the same principles for failure to follow the law. The only institution whose decisions appear incapable of generating a damages claim is the Court of Justice itself. As well as preliminary rulings on
29854-442: The Court of Justice and General Court (27 on each at present ). Judges should "possess the qualifications required for appointment to the highest judicial offices" (or for the General Court, the "ability required for appointment to high judicial office"). A president is elected by the judges for three years. While TEU article 19(3) says the Court of Justice is the ultimate court to interpret questions of EU law, in practice, most EU law
30107-468: The Court of Justice held that Austria did not infringe article 34 by failing to ban a protest that blocked heavy traffic passing over the A13, Brenner Autobahn , en route to Italy. Although many companies, including Mr Schmidberger's German undertaking, were prevented from trading, the Court of Justice reasoned that freedom of association is one of the 'fundamental pillars of a democratic society', against which
30360-485: The Court of Justice held that a Spanish Court had to interpret its general Civil Code provisions, on contracts lacking cause or defrauding creditors, to conform with the First Company Law Directive article 11, that required incorporations would only be nullified for a fixed list of reasons. The Court of Justice quickly acknowledged that the duty of interpretation cannot contradict plain words in
30613-472: The Court of Justice held that because Luxembourg had discretion, and its decision to reduce capacity was not inevitable, the municipality had no "direct" concern (its complaint was with the Luxembourg government instead). "Individual" concern requires that someone is affected specifically, not as a member of a group. In Plaumann & Co v Commission the Court of Justice held that a clementine importer
30866-478: The Court of Justice in the leading case, CILFIT v Ministry of Health is that a national court has no duty to refer if the law is an acte clair (a clear rule), or "so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved". In Kenny Roland Lyckeskog the Court of Justice held that the duty to refer existed for the Swedish Court of Appeal,
31119-499: The Court of Justice rejected Mr Weigel's claim that a re-registration charge upon bringing his car to Austria violated his right to free movement. Although the tax was "likely to have a negative bearing on the decision of migrant workers to exercise their right to freedom of movement", because the charge applied equally to Austrians, in absence of EU legislation on the matter it had to be regarded as justified. Third, people must receive equal treatment regarding "social advantages", although
31372-413: The Court of Justice will give a preliminary ruling, in order for the member state court to conclude the case and award a remedy. The right to an effective remedy is a general principle of EU law, enshrined in the Charter of Fundamental Rights article 47. Most of the time Regulations and Directives will set out the relevant remedies to be awarded, or they will be construed from the legislation according to
31625-501: The Court of Justice's view is that if Union law conflicts with a provision of State law, then Union law has primacy . In the first major case in 1964, Costa v ENEL , a Milanese lawyer, and former shareholder of an energy company, named Mr Costa refused to pay his electricity bill to Enel , as a protest against the Nationalization of the Italian energy corporations. He claimed the Italian nationalisation law conflicted with
31878-461: The Directive could be relied on by her because equality was also a general principle of EU law . Fourth, if the defendant is an emanation of the state, even if not central government, it can still be bound by Directives. In Foster v British Gas plc the Court of Justice held that Mrs Foster was entitled to bring a sex discrimination claim against her employer, British Gas plc , which made women retire at age 60 and men at 65, if (1) pursuant to
32131-533: The ECSC and Euratom within the EEC. Shortly after, de Gaulle boycotted the commission, which he believed was pressing supranationalism too far. The Luxembourg compromise in 1966 agreed that France (or other countries) could veto issues of "very important national interest", particularly relating to the Common Agricultural Policy , instead of making decisions by " qualified majority ". But after
32384-538: The EEC as the " European Union ", and expanded its powers to include a social chapter , set up a European Exchange Rate Mechanism , and limit government spending. The UK initially opted out of the social provisions, and then monetary union after the 1992 sterling crisis ("Black Wednesday") where speculators bet against the British currency . Sweden, Finland and Austria joined in 1995, but Norway again chose not to do so after its 1994 referendum , instead remaining part of
32637-523: The EU and member states, (4) did not allow the Court of Justice to decide if an issue of law was already dealt with, before the ECHR heard a case, and (5) the ECtHR was illegitimately being given power of judicial review over Common Foreign and Security Policy .}} The reasoning was regarded by a majority of commentators as thinly veiled attempt of the Court of Justice to clutch onto its own power, but it has meant
32890-404: The EU and to reside freely within limits set by legislation. This applies for citizens and their immediate family members. This triggers four main groups of rights: (1) to enter, depart and return, without undue restrictions, (2) to reside, without becoming an unreasonable burden on social assistance, (3) to vote in local and European elections, and (4) the right to equal treatment with nationals of
33143-496: The EU can legislate. In principle, the EU treaties are like any other international agreement, which will usually be interpreted according to principles codified by the Vienna Convention 1969 . It can be amended by unanimous agreement at any time, but TEU itself, in article 48, sets out an amendment procedure through proposals via the Council and a Convention of national Parliament representatives. Under TEU article 5(2),
33396-436: The EU it is not yet true that "the administration is in the hands of the many and not of the few". The second main legislative body is the Council of the European Union, which is composed of different ministers of the member states. The heads of government of member states also convene a " European Council " (a distinct body) that the TEU article 15 defines as providing the 'necessary impetus for its development and shall define
33649-589: The EU to accede to the ECHR, but would "not affect the Union's competences as defined in the Treaties". This was thought necessary before the Treaty of Lisbon to ensure that the EU gave adequate protection to human rights, overseen by the external European Court of Human Rights in Strasbourg . However, in Opinion 2/13 , after a request by the commission to review their plan to accede, the Court of Justice (in Luxembourg ) produced five main reasons why it felt that
33902-545: The EU's legitimacy rests on the ultimate authority of member states, its factual commitment to human rights, and the democratic will of the people. As opposed to the member states, the relation of EU law and international law is debated, particularly relating to the European Convention on Human Rights and the United Nations. All individual EU member states are party to both organisations through international treaties. The Treaty on European Union article 6(2) required
34155-427: The European Union , made up of different government Ministers) is composed of the Prime Ministers or executive presidents of the member states. It appoints the Commissioners and the board of the European Central Bank . The European Court of Justice is the supreme judicial body which interprets EU law, and develops it through precedent. The Court can review the legality of the EU institutions' actions, in compliance with
34408-698: The European has become "not merely an economic union", but creates binding social rights for people to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples". The Treaty on the Functioning of the European Union articles 28 to 37 establish the principle of free movement of goods in the EU, while articles 45 to 66 require free movement of persons , services and capital. These "four freedoms" were thought to be inhibited by physical barriers (e.g. customs), technical barriers (e.g. differing laws on safety, consumer or environmental standards) and fiscal barriers (e.g. different Value Added Tax rates). Free movement and trade
34661-444: The German Parliament had not acted willfully or negligently. It was merely necessary that there was (1) a rule intended to confer rights, (2) that a breach was sufficiently serious, and (3) there was a causal link between the breach and damage. The Court of Justice advised a breach is to be regarded as 'sufficiently serious' by weighing a range of factors, such as whether it was voluntary, or persistent. In Köbler v Republik Österreich
34914-411: The German government's arguments that the measure proportionately protected public health under TFEU article 36, because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought. This rule primarily applies to requirements about a product's content or packaging. In Walter Rau Lebensmittelwerke v De Smedt PVBA the Court of Justice found that
35167-400: The Kingdom of the Netherlands are: Each is expressly designated as a land in Dutch law by the Charter for the Kingdom of the Netherlands . Unlike the German Länder and the Austrian Bundesländer , landen is consistently translated as "countries" by the Dutch government. While historical monarchies often brought together different kingdoms/territories/ethnic groups under
35420-551: The Netherlands. After a Dutch court made a reference, the Court of Justice held that even though the Treaties did not "expressly" confer a right on citizens or companies to bring claims, they could do so. Historically, international treaties had only allowed states to have legal claims for their enforcement, but the Court of Justice proclaimed "the Community constitutes a new legal order of international law". Because article 30 clearly, unconditionally and immediately stated that no quantitative restrictions could be placed on trade, without
35673-473: The Parliament can only agree or disagree to the text as a whole - it cannot propose amendments. The Consultation procedure requires the agreement of the Council alone, the Parliament merely being consulted on the text. In some areas, such as competition policy, the Commission may itself issue decisions. Common uses of decisions involve the Commission ruling on proposed mergers, and day-to-day agricultural matters (e.g. setting standard prices for vegetables). On
35926-427: The Parliament is elected by European citizens, and the Court of Justice is meant to uphold the rule of law and human rights . As the Court of Justice has said, the EU is "not merely an economic union" but is intended to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples". Democratic ideals of integration for international and European nations are as old as
36179-409: The Parliament on issues which affect them. Parliament elections , take place every five years, and votes for Members of the European Parliament (MEP) in member states must be organised by proportional representation or a single transferable vote . There are 750 MEPs and their numbers are "degressively proportional" according to member state size. This means – although the council is meant to be
36432-525: The Treaties sought to enable people to pursue their life goals in any country through free movement. Reflecting the economic nature of the project, the European Community originally focused upon free movement of workers: as a " factor of production ". However, from the 1970s, this focus shifted towards developing a more "social" Europe. Free movement was increasingly based on " citizenship ", so that people had rights to empower them to become economically and socially active, rather than economic activity being
36685-408: The Treaties, they do not accept that the Court of Justice has the final say on foundational constitutional questions affecting democracy and human rights. In the United Kingdom, the basic principle is that Parliament, as the sovereign expression of democratic legitimacy, can decide whether it wishes to expressly legislate against EU law. This, however, would only happen in the case of an express wish of
36938-459: The Treaties. It can also decide upon claims for breach of EU laws from member states and citizens. The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the two main sources of EU law. Representing agreements between all member states, the TEU focuses more on principles of democracy, human rights, and summarises the institutions , while the TFEU expands on all principles and fields of policy in which
37191-483: The Treaty provisions only the commission could have brought a claim, not Mr Costa. However, in principle, Mr Costa was entitled to plead that the Treaty conflicted with national law, and the court would have a duty to consider his claim to make a reference if there would be no appeal against its decision. The Court of Justice, repeating its view in Van Gend en Loos , said member states "have limited their sovereign rights, albeit within limited fields, and have thus created
37444-425: The UK would sever its ties to the Commonwealth . In 1950, the French Foreign Minister Robert Schuman proposed that, beginning with integration of French and German coal and steel production, there should be "an organisation open to the participation of the other countries of Europe", where "solidarity in production" would make war "not merely unthinkable, but materially impossible". The 1951 Treaty of Paris created
37697-506: The UK, Ireland, Denmark or Greece) allowed movement of people without any border checks. Meanwhile, in 1987, the Soviet Union's Mikhail Gorbachev announced policies of "transparency" and "restructuring" ( glasnost and perestroika ). This revealed the depths of corruption and waste. In April 1989, the People's Republic of Poland legalised the Solidarity organisation, which captured 99% of available parliamentary seats in June elections. These elections, in which anti-communist candidates won
37950-429: The UK, Poland, Czech Republic, Hungary, Romania or Bulgaria). This required, among other things, a pledge to balance the government budget and limit structural deficits to 0.5 per cent of GDP, with fines for non-compliance. The jurisdiction for these rules remains with the Court of Justice. The European Commission is the main executive body of the European Union . Article 17(1) of the Treaty on European Union states
38203-429: The Vall of Aran and Cerdaña". The nationalization process accelerated in the 19th century, in parallel to the origin of Spanish nationalism , the social, political and ideological movement that tried to shape a Spanish national identity based on the Castilian model, in conflict with the other historical nations of the State. Politicians of the time were aware that despite the aggressive policies pursued up to that time,
38456-466: The Vatican itself were occupied and absorbed by Italy by 1870. The resulting Roman Question was resolved with the rise of the modern state under the 1929 Lateran treaties between Italy and the Holy See .) "Legitimate states that govern effectively and dynamic industrial economies are widely regarded today [2004] as the defining characteristics of a modern nation-state." Nation-states have their characteristics differing from pre-national states. For
38709-523: The West, the decision was made through the 1957 Treaty of Rome to launch the first European Economic Community . It shared the Assembly and Court with the Coal and Steel Community, but set up parallel bodies for the Council and Commission. Based on the Spaak Report of 1956, it sought to break down all barriers to trade in a common market for goods, services, labour and capital, and prevent distortion of competition and regulate areas of common interest like agriculture, energy and transport. A separate treaty
38962-446: The accession agreement as it stood was incompatible with the treaties. {{In summary, these were it (1) undermined the CJEU's autonomy (2) allowed for a parallel dispute resolution mechanism among member states, when the treaties said the CJEU should be the sole arbiter (3) the "co-respondent" system, allowing the EU and member states to be sued together, allowed the ECtHR to illegitimately interpret EU law and allocate responsibility between
39215-400: The accession of Malta, Cyprus, Slovenia, Poland, the Czech Republic, Slovakia, Hungary, Latvia, Estonia, and Lithuania. Fourth, in 2005 a Treaty establishing a Constitution for Europe was proposed. This proposed "constitution" was largely symbolic, but was rejected by referendums in France and the Netherlands . Most of its technical provisions were inserted into the Treaty of Lisbon , without
39468-437: The advantages of a legal situation... and exposed them to a grave financial risk". Similarly in Deutsche Post v Commission the Commission demanded information on state aid given by Germany to Deutsche Post within 20 days. When both challenged this, the Commission argued that the demand for information could not be an act as there was no sanction. The Court of Justice disagreed, and held judicial review could proceed because
39721-448: The bans have remained (justifiable under article 36 or as a mandatory requirement) the Court emphasised that complete marketing bans could be disproportionate if advertising were "the only effective form of promotion enabling [a trader] to penetrate" the market. In Konsumentombudsmannen v Gourmet AB the Court suggested that a total ban for advertising alcohol on the radio, TV and in magazines could fall within article 34 where advertising
39974-418: The basis of case law, decisions may have direct effect , that is to say they may be invoked by individuals before national courts. The individuals or "undertakings" addressed by the decision will have " locus standi " to challenge the decision, but they must do so within 6 weeks. This article relating to European Union law is a stub . You can help Misplaced Pages by expanding it . This article about
40227-426: The beginning of the nation-state system. Even then, the English Civil War broke out and only ended with the Glorious Revolution of 1688, by Parliament inviting William and Mary from Hannover to the throne, and passing the Bill of Rights 1689 . In 1693 William Penn , a Quaker from London who founded Pennsylvania in North America, argued that to prevent ongoing wars in Europe a "European dyet, or parliament"
40480-405: The body representing member states – in the Parliament citizens of smaller member states have more voice than citizens in larger member states. MEPs divide, as they do in national Parliaments, along political party lines: the conservative European People's Party is currently the largest, and the Party of European Socialists leads the opposition. Parties do not receive public funds from the EU, as
40733-471: The case of Spain, with a supposed Spanish race sublimated in Castilian, of which national minorities were degenerate forms, and the first of those that needed to be exterminated. There were even public proposals for the repression of whole Catalonia, and even the extermination of Catalans, such as that of Juan Pujol, Head of Press and Propaganda of the Junta de Defensa Nacional during the Spanish Civil War , in La Voz de España , or that of Queipo de Llano , in
40986-465: The civil wars in Croatia and Bosnia and Herzegovina in 1992–95, resulting in mass population displacements and segregation that radically altered what was once a highly diverse and intermixed ethnic makeup of the region. These conflicts were mainly about creating a new political framework of states, each of which would be ethnically and politically homogeneous. Serbs, Croats and Bosniaks insisted they were ethnically distinct, although many communities had
41239-487: The commission is redrafting a new accession agreement. Under TEU articles 3(5), 21, 34 and 42, the EU must also respect the principles of the United Nations Charter . After the September 11 attacks on the World Trade Center in New York City , the UN Security Council adopted a resolution to freeze the assets of suspected terrorists, linked to Osama bin Laden . This included a Saudi national, Mr Kadi. Sweden froze his assets pursuant to an EU Regulation, which gave effect to
41492-409: The commission made a decision to withdraw an assurance to a Dutch cement company that it would be immune from competition law fines, for vertical agreements. The cement company challenged the decision, and the Commission argued this was not really an "act", and so could not be challenged. The Court of Justice held a challenge could be made, and it was an act, because it "deprived [the cement company] of
41745-403: The commission should "promote the general interest of the Union" while Article 17(3) adds that Commissioners should be "completely independent" and not "take instructions from any Government". Under Article 17(2), "Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise". This means that the commission has a monopoly on initiating
41998-433: The commission to try to get agreement on a joint text: if this works, it will be sent back to the Parliament and Council to approve by absolute and qualified majority. This means, legislation can be blocked by a majority in Parliament, a minority in the council, and a majority in the commission: it is harder to change EU law than for it to stay the same. A different procedure exists for budgets. For "enhanced cooperation" among
42251-532: The costs of having no trade treaty would be proportionally greater to the individual state than the remaining EU bloc. Article 7 allows member states to be suspended for a "clear risk of a serious breach" of values in article 2 (for example, democracy, equality, human rights) with a four-fifths vote of the Council of the European Union , and the consent of the Parliament . Within the treaties' framework, sub-groups of member states may make further rules that only apply to those member states who want them. For example,
42504-459: The court to give reasoned submissions on cases, especially involving new points of law. Unlike judges on the Court, they write opinions as themselves, rather than collectively, and often with a command of prose and reason, and while not binding are often followed in practice. In addition, each judge has secretaries or referendaires who research and write. Unlike the UK where judges always write their own opinions, referendaires often assist drafting
42757-542: The cultural uniformity and homogeneity of the population increased. Conversely, the cultural divergence at the border became sharper: in theory, a uniform French identity extends from the Atlantic coast to the Rhine , and on the other bank of the Rhine, a uniform German identity begins. Both sides have divergent language policy and educational systems to enforce that model. The notion of a unifying "national identity" also extends to countries that host multiple ethnic or language groups, such as India . For example, Switzerland
43010-527: The current position adopted by the Court of Justice, citizens have standing to make claims based on national laws that implement Directives, but not from Directives themselves. Directives do not have so called "horizontal" direct effect (i.e. between non-state parties). This view was instantly controversial, and in the early 1990s three Advocate Generals persuasively argued that Directives should create rights and duties for all citizens. The Court of Justice refused, but there are five large exceptions. First, if
43263-424: The economies. In 2011 two new treaties, the European Fiscal Compact and European Stability Mechanism were signed among the nineteen Eurozone states. In 2013, Croatia entered the union. However a further crisis was triggered after the UK's Conservative government chose to hold a referendum in 2016, and campaigners for "leave" (or "Brexit") won 51.89 per cent of votes on a 72.2 per cent turnout. This referendum
43516-459: The emotive symbols of federalism or the word "constitution". In the same year, Bulgaria and Romania joined. During the subprime mortgage crisis and the financial crisis of 2007–2008 , European banks that were invested in derivatives were put under severe pressure. British, French, German, and other governments were forced to turn some banks into partially or wholly state-owned banks. Some governments instead guaranteed their banks' debts. In turn,
43769-600: The environment, press diversity, fairness in commerce, and more: the categories are not closed. In the noted case Rewe-Zentral AG v Bundesmonopol für Branntwein , the Court of Justice found that a German law requiring all spirits and liqueurs (not just imported ones) to have a minimum alcohol content of 25 per cent was contrary to TFEU article 34, because it had a greater negative effect on imports. German liqueurs were over 25 per cent alcohol, but Cassis de Dijon , which Rewe-Zentrale AG wished to import from France, only had 15 to 20 per cent alcohol. The Court of Justice rejected
44022-416: The exporters were not directly concerned, because France might decide not to limit exports, but the Court of Justice held this possibility was "entirely theoretical". A challenge could be brought. By contrast in Municipality of Differdange v Commission a municipality wanted to challenge the Commissions decision to aid steel firms which reduced production: this would probably reduce its tax collections. But
44275-416: The first European Coal and Steel Community (ECSC), signed by France, West Germany, Belgium, the Netherlands, Luxembourg and Italy, with Jean Monnet as its president. Its theory was simply that war would be impossibly costly if ownership and production of every country's economy was mixed together. It established an Assembly (now the European Parliament ) to represent the people, a Council of Ministers for
44528-417: The former " Buy Irish " company that had government appointees. It also means states can be responsible for private actors. For instance, in Commission v France French farmer vigilantes were continually sabotaging shipments of Spanish strawberries , and even Belgian tomato imports. France was liable for these hindrances to trade because the authorities 'manifestly and persistently abstained' from preventing
44781-414: The former employee of a bankrupt Venetian firm, was therefore allowed to claim 6 million Lira from the Italian government in damages for his loss. The Court of Justice held that if a Directive would confer identifiable rights on individuals, and there is a causal link between a member state's violation of EU and a claimant's loss, damages must be paid. The fact that the incompatible law is an Act of Parliament
45034-452: The framework for its future relationship with the Union". This indicates that the EU is not entitled to demand a withdrawal, and that member states should follow constitutional procedures, for example, through Parliament or a codified constitutional document. Once article 50 is triggered, there is a two-year time limit to complete negotiations, a procedure which would leave a seceding member without any bargaining power in negotiations, because
45287-419: The free movement of goods had to be balanced, and was probably subordinate. If a member state does appeal to the article 36 justification, the measures it takes have to be applied proportionately . This means the rule must be pursue a legitimate aim and (1) be suitable to achieve the aim, (2) be necessary, so that a less restrictive measure could not achieve the same result, and (3) be reasonable in balancing
45540-403: The frequency of nation-state creation to processes of diffusion that emanate from international organizations. In Europe , during the 18th century, the classic non-national states were the multiethnic empires , the Austrian Empire , the Kingdom of France (and its empire ), the Kingdom of Hungary , the Russian Empire , the Portuguese Empire , the Spanish Empire , the Ottoman Empire ,
45793-448: The general political directions and priorities'. It meets each six months and its President (currently former Belgian Prime Minister Charles Michel ) is meant to 'drive forward its work', but it does not itself exercise 'legislative functions'. The Council does this: in effect this is the governments of the member states, but there will be a different minister at each meeting, depending on the topic discussed (e.g. for environmental issues,
46046-399: The host state, but for social assistance only after 3 months of residence. Nation state List of forms of government A nation-state is a political unit where the state , a centralized political organization ruling over a population within a territory, and the nation , a community based on a common identity, are congruent. It is a more precise concept than " country ", since
46299-437: The inhabitants shared the language of the surrounding region. In some cases, these states were overthrown by nationalist uprisings in the 19th century. Liberal ideas of free trade played a role in German unification, which was preceded by a customs union , the Zollverein . However, the Austro-Prussian War and the German alliances in the Franco-Prussian War were decisive in the unification. The Austro-Hungarian Empire and
46552-464: The interests of free trade with interests in article 36. Often rules apply to all goods neutrally, but may have a greater practical effect on imports than domestic products. For such "indirect" discriminatory (or "indistinctly applicable") measures the Court of Justice has developed more justifications: either those in article 36, or additional "mandatory" or "overriding" requirements such as consumer protection , improving labour standards , protecting
46805-430: The judgments in the Court of Justice. The Court's Translation Directorate will translate every final judgment into the 24 official languages of the European Union . The three main kinds of judgments the Court of Justice gives following (1) preliminary rulings, requested by the courts of member states, (2) enforcement actions, brought by the commission or Member States, against the EU, a member state, or any other party that
47058-416: The kings had to swear by the Laws of each territory before the respective Parliaments . Forming the Spanish Empire , at this time the Hispanic Monarchy had its maximum territorial expansion. After the War of the Spanish Succession , rooted in the political position of the Count-Duke of Olivares and the absolutism of Philip V , the assimilation of the Crown of Aragon by the Castilian Crown through
47311-441: The largest countries, and "qualified majorities" or consensus of the council are required to legislate. This " democratic deficit " has encouraged numerous proposals for reform, and is usually perceived as a hangover from earlier days of integration led by member states. Over time, the Parliament gradually assumed more voice: from being an unelected assembly, to its first direct elections in 1979, to having increasingly more rights in
47564-403: The law. Litigation often begins and is resolved by member state courts. They interpret and apply EU law, and award remedies of compensation and restitution (remedying loss or stripping gains), injunctions and specific performance (making somebody stop or do something). If, however, the position in EU law appears unclear, member state courts can refer questions to the Court of Justice for
47817-685: The law. Both member states and the Commission have a general legal right or "standing" ( locus standi ) to bring claims against EU institutions and other member states for breach of the treaties. From the EU's foundation, the Court of Justice also held that the Treaties allowed citizens or corporations to bring claims against EU and member state institutions for violation of the Treaties and Regulations , if they were properly interpreted as creating rights and obligations. However, under Directives , citizens or corporations were said in 1986 to not be allowed to bring claims against other non-state parties. This meant courts of member states were not bound to apply
48070-426: The legislative procedure, although the council or Parliament are the " de facto catalysts of many legislative initiatives". The commission's President (as of 2021 Ursula von der Leyen ) sets the agenda for its work. Decisions are taken by a simple majority vote, often through a "written procedure" of circulating the proposal and adopting it if there are no objections. In response to Ireland's initial rejection of
48323-474: The legislative process. According to the Treaty on European Union articles 9 and 10, the EU observes "the principle of equality of its citizens" and is meant to be founded on "representative democracy". In practice, equality and democracy are still in development because the elected representatives in the Parliament cannot initiate legislation against the commission's wishes, citizens of smallest countries have greater voting weight in Parliament than citizens of
48576-426: The legislative process. Citizens' rights are therefore limited compared to the democratic polities within all European member states: under TEU article 11, citizens and associations have the right to publicise their views and the right to submit an initiative that must be considered by the Commission if it has received at least one million signatures. TFEU article 227 contains a further right for citizens to petition
48829-414: The limited restrictions of their borders. The most noticeable characteristic is the degree to which nation-states use the state as an instrument of national unity in economic, social and cultural life. The nation-state promoted economic unity by abolishing internal customs and tolls . In Germany, that process, the creation of the Zollverein , preceded formal national unity. Nation states typically have
49082-412: The losing countries. After another economic collapse and the rise of fascism led to a Second World War, European civil society was determined to create a lasting union to guarantee world peace through economic, social and political integration. To "save succeeding generations from the scourge of war, which twice.. brought untold sorrow to mankind", the United Nations Charter was passed in 1945, and
49335-471: The member state. In a famous case, the Belgian Football Association v Bosman , a Belgian footballer named Jean-Marc Bosman claimed that he should be able to transfer from R.F.C. de Liège to USL Dunkerque when his contract finished, regardless of whether Dunkerque could afford to pay Liège the habitual transfer fees. The Court of Justice held "the transfer rules constitute[d] an obstacle to free movement" and were unlawful unless they could be justified in
49588-402: The member states' environment ministers attend and vote; for foreign affairs, the foreign ministers, etc.). The minister must have the authority to represent and bind the member states in decisions. When voting takes place it is weighted inversely to member state size, so smaller member states are not dominated by larger member states. In total there are 352 votes, but for most acts there must be
49841-494: The member states, a Commission as the executive, and a Court of Justice to interpret the law. In the East, the Soviet Union had installed dictatorial governments, controlling East Germany, and the rest of Eastern Europe. Although Stalin died in 1953 and the new general secretary Nikita Khrushchev had denounced him in 1956, Soviet tanks crushed a democratic Hungarian Revolution of 1956 , and repressed every other attempt of its people to win democracy and human rights. In
50094-457: The modern nation state . Ancient concepts of European unity were generally undemocratic, and founded on domination, like the Empire of Alexander the Great , the Roman Empire , or the Catholic Church controlled by the Pope in Rome. In the Renaissance , medieval trade flourished in organisations like the Hanseatic League , stretching from English towns like Boston and London , to Frankfurt , Stockholm and Riga . These traders developed
50347-412: The more specific definition of a nation-state as a typically sovereign country dominated by a particular ethnicity. The relationship between a nation (in the ethnic sense) and a state can be complex. The presence of a state can encourage ethnogenesis , and a group with a pre-existing ethnic identity can influence the drawing of territorial boundaries or argue for political legitimacy . This definition of
50600-412: The nation-state was created to meet that demand. Some " modernization theories " of nationalism see it as a product of government policies to unify and modernize an already existing state. Most theories see the nation-state as a 19th-century European phenomenon facilitated by developments such as state-mandated education, mass literacy and mass media . However, historians also note the early emergence of
50853-425: The nation-state, but the nation-state meets the criteria for its component states (by assuming that there is no disputed territory). Before the Westphalian system, the closest geopolitical system was the "Chanyuan system" established in East Asia in 1005 through the Treaty of Chanyuan , which, like the Westphalian peace treaties, designated national borders between the independent regimes of China's Song dynasty and
51106-403: The other Christian kings of the peninsula: "... if these four Kings of Spain whom he named, who are of one flesh and blood, held together, little need they fear all the other powers of the world. ..". After the dynastic union of the Catholic Monarchs in the 15th century, the Spanish Monarchy ruled over different kingdoms, each with its own cultural, linguistic and political particularities, and
51359-434: The people to withdraw from the EU. It was held in R (Factortame Ltd) v Secretary of State for Transport that "whatever limitation of its sovereignty Parliament accepted when it enacted the European Communities Act 1972 was entirely voluntary" and so "it has always been clear" that UK courts have a duty "to override any rule of national law found to be in conflict with any directly enforceable rule of Community law". In 2014,
51612-422: The political unification of 1714, Spanish assimilation policies towards Catalan-speaking territories ( Catalonia , Valencia , the Balearic Islands , part of Aragon ) and other national minorities, as Basques and Galicians , have been a historical constant. The process of assimilation began with secret instructions to the corregidores of the Catalan territory: they "will take the utmost care to introduce
51865-422: The population was less diverse. (The internal diversity of the Ottoman Empire , for instance, was very great.) After the 19th-century triumph of the nation-state in Europe, regional identity was subordinate to national identity in regions such as Alsace-Lorraine , Catalonia , Brittany and Corsica . In many cases, the regional administration was also subordinated to the central (national) government. This process
52118-452: The population, are the largest ethnic minority in Israel. Israel also has very small communities of Armenians , Circassians , Assyrians , Samaritans . There are also some non-Jewish spouses of Israeli Jews. However, these communities are very small, and usually number only in the hundreds or thousands. The Kingdom of the Netherlands presents an unusual example in which one kingdom represents four distinct countries. The four countries of
52371-414: The post-war era. Non-state actors, such as international corporations and non-governmental organizations , are widely seen as eroding the economic and political power of nation-states. According to Andreas Wimmer and Yuval Feinstein, nation-states tended to emerge when power shifts allowed nationalists to overthrow existing regimes or absorb existing administrative units. Xue Li and Alexander Hicks links
52624-408: The practices of the member state. It could also be that the government is responsible for failure to properly implement a Directive or Regulation, and must therefore pay damages. In Francovich v Italy , the Italian government had failed to set up an insurance fund for employees to claim unpaid wages if their employers had gone insolvent, as the Insolvency Protection Directive required. Francovich,
52877-450: The principles it develops consistently with democratic values. Examples of landmark, and frequently controversial judgments, include Van Gend en Loos (holding EU law to created a new legal order, and citizens could sue for treaty rights), Mangold v Helm (establishing equality as a general principle of EU law ), and Kadi v Commission (confirming international law had to conform with basic principles of EU law). Until 2016, there
53130-528: The prohibition would deter people from buying it: it would have "a considerable influence on the behaviour of consumers" that "affects the access of that product to the market ". It would require justification under article 36, or as a mandatory requirement. In contrast to product requirements or other laws that hinder market access , the Court of Justice developed a presumption that "selling arrangements" would be presumed to not fall into TFEU article 34, if they applied equally to all sellers, and affected them in
53383-575: The proper interpretation of EU law, an essential function of the Court of Justice is judicial review of the acts of the EU itself. Under Treaty on the Functioning of the European Union (TFEU) article 263(1) the Court can review the legality of any EU legislative of other "act" against the Treaties or general principles, such as those in the Charter of Fundamental Rights of the European Union . This includes legislation, and most other acts that have legal consequences for people. For example, in Société anonyme Cimenteries CBR Cementsbedrijven NV v Commission
53636-413: The public interest, but this was unlikely. In Groener v Minister for Education the Court of Justice accepted that a requirement to speak Gaelic to teach in a Dublin design college could be justified as part of the public policy of promoting the Irish language, but only if the measure was not disproportionate. By contrast in Angonese v Cassa di Risparmio di Bolzano SpA a bank in Bolzano , Italy,
53889-453: The public service". Beyond the right of free movement to work, the EU has increasingly sought to guarantee rights of citizens, and rights simply be being a human being . But although the Court of Justice stated that 'Citizenship is destined to be the fundamental status of nationals of the Member States', political debate remains on who should have access to public services and welfare systems funded by taxation. As of now, Union citizenship
54142-405: The purpose of cooperation and human development . According to its Court of Justice , the EU represents "a new legal order of international law ". The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union , currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of
54395-415: The purpose of managing the euro . It has a six-person board appointed by the European Council , on the Council 's recommendation. The president of the council and a commissioner can sit in on ECB meetings, but do not have voting rights. While the Commission has a monopoly on initiating legislation, the European Parliament and the Council of the European Union have powers of amendment and veto during
54648-418: The regulatory act. "Direct" concern means that someone is affected by an EU act without "the interposition of an autonomous will between the decision and its effect", for instance by a national government body. In Piraiki-Patraiki v Commission , a group of Greek textile businesses, who exported cotton products to France, challenged a Commission decision allow France to limit exports. The Commission argued that
54901-413: The request produced "binding legal effects" since the information supplied or not could be relied upon as evidence in a final decision. By contrast, in IBM v Commission the Court of Justice held that a letter from the commission to IBM that it would sue IBM for abusing a dominant position contrary to competition was not a reviewable act, but just a preliminary statement of intent to act. In any case, if
55154-757: The sabotage. Generally speaking, if a member state has laws or practices that directly discriminate against imports (or exports under TFEU article 35) then it must be justified under article 36. The justifications include public morality , policy or security, "protection of health and life of humans, animals or plants", "national treasures" of "artistic, historic or archaeological value" and "industrial and commercial property". In addition, although not clearly listed, environmental protection can justify restrictions on trade as an overriding requirement derived from TFEU article 11. More generally, it has been increasingly acknowledged that fundamental human rights should take priority over all trade rules. So, in Schmidberger v Austria
55407-416: The same crown, in modern nation states political elites seek a uniformity of the population, leading to state nationalism. In the case of the Christian territories of the future Spain , neighboring Al-Andalus , there was an early perception of ethnicity, faith and shared territory in the Middle Ages (13th–14th centuries), as documented by the Chronicle of Muntaner in the proposal of the Castilian king to
55660-420: The same manner in fact. In Keck and Mithouard two importers claimed that their prosecution under a French competition law , which prevented them selling Picon beer under wholesale price, was unlawful. The aim of the law was to prevent cut throat competition , not to hinder trade. The Court of Justice held, as "in law and in fact" it was an equally applicable "selling arrangement" (not something that alters
55913-422: The same time). Nevertheless, practically "all available research finds little impact" of "labour mobility on wages and employment of local workers". The Free Movement of Workers Regulation articles 1 to 7 set out the main provisions on equal treatment of workers. First, articles 1 to 4 generally require that workers can take up employment, conclude contracts, and not suffer discrimination compared to nationals of
56166-409: The seed of repeated territorial conflicts within the State. Although official Spanish history describes a "natural" decline of the Catalan language and increasing replacement by Spanish between the 16th and 19th centuries, especially among the upper classes, a survey of language usage in 1807, commissioned by Napoleon , indicates that except in the royal courts, Spanish is absent from everyday life. It
56419-412: The semi-nomadic Liao dynasty . This system was copied and developed in East Asia in the following centuries until the establishment of the pan-Eurasian Mongol Empire in the 13th century. The nation-state received a philosophical underpinning in the era of Romanticism , at first as the "natural" expression of the individual peoples ( romantic nationalism : see Johann Gottlieb Fichte 's conception of
56672-400: The society which made them wants: these give rise to principles, which inform the law's purpose. Moreover, the Court of Justice has clarified that its recognition of rights was 'inspired' by member states' own 'constitutional traditions', and international treaties. These include rights found in member state constitutions, bills of rights, foundational Acts of Parliament, landmark court cases,
56925-514: The state food regulator (acting under EU law ) contravened their right to occupational and business freedom under CFREU 2000 articles 15 and 16. The Court of Justice held that in fact, the right to health for consumers in article 35 has also to be taken into account, and was to be given greater weight, particularly given the health effects of alcohol. Some rights in the Charter , however, are not expressed with sufficient clarity to be regarded as directly binding. In AMS v Union locale des syndicats CGT
57178-421: The treatment of all states as if nation states. The origins and early history of nation-states are disputed. A major theoretical question is: "Which came first, the nation or the nation-state?" Scholars such as Steven Weber , David Woodward , Michel Foucault and Jeremy Black have advanced the hypothesis that the nation-state did not arise out of political ingenuity or an unknown undetermined source, nor
57431-409: The uniform and monocultural "Spanish nation" did not exist, as indicated in 1835 by Antonio Alcalà Galiano , when in the Cortes del Estatuto Real he defended the effort "To make the Spanish nation a nation that neither is nor has been until now." In 1906, the Catalanist party Solidaritat Catalana was founded to try to mitigate the economically and culturally oppressive treatment of Spain towards
57684-423: The union, and existing states may leave according to their "own constitutional requirements". Citizens are entitled to participate through the Parliament , and their respective state governments through the Council in shaping the legislation the EU makes. The Commission has the right to propose new laws (the right of initiative ), the Council of the European Union represents the elected member-state governments,
57937-422: The use of a product, this can also infringe article 34. So, in a 2009 case, Commission v Italy , the Court of Justice held that an Italian law prohibiting motorcycles or mopeds pulling trailers infringed article 34. Again, the law applied neutrally to everyone, but disproportionately affected importers, because Italian companies did not make trailers. This was not a product requirement, but the Court reasoned that
58190-446: The very community legal order". In effect the EU has developed a rule that within the boundaries of certain jus cogens principles, other courts may take primacy. The content of those core principles remains open to ongoing judicial dialogue among the senior courts in the Union. While constitutional law concerns the European Union 's governance structure, administrative law binds EU institutions and member state governments to follow
58443-400: The whole of the Union". On the other hand, some Regulations may themselves expressly require implementing measures, in which case those specific rules should be followed. While the Treaties and Regulations will have direct effect (if clear, unconditional and immediate), Directives do not generally give citizens (as opposed to the member state) standing to sue other citizens. In theory, this
58696-600: The work he did. Having "worker" status means protection against all forms of discrimination by governments, and employers, in access to employment, tax, and social security rights. By contrast a citizen, who is "any person having the nationality of a Member State" (TFEU article 20(1)), has rights to seek work, vote in local and European elections, but more restricted rights to claim social security . In practice, free movement has become politically contentious as nationalist political parties have manipulated fears about immigrants taking away people's jobs and benefits (paradoxically at
58949-559: Was acte clair , and decline to make a reference, even though a senior Law Lord delivered a powerfully reasoned dissent. However, in addition to a reluctance to make references, a general scepticism has grown among senior member state judiciaries of the mode of reasoning used by the Court of Justice . The UK Supreme Court in R (HS2 Action Alliance Ltd) v Secretary of State for Transport devoted large parts of its judgment to criticism, in its view, an unpredictable 'teleological' mode of reasoning which, could decrease confidence in maintaining
59202-436: Was a "substantial adverse effect" on the claimant's interests. Here, a group of Spanish olive oil producers challenged Council Regulation No 1638/98, which withdrew subsidies. Because Regulations are not implemented in national law, but have direct effect, they argued the requirement for individual concern would deny them effective judicial protection. The Court of Justice held that direct actions were still not allowed: if this
59455-437: Was a court, it was not "of a member state" (even though all member states had signed that Convention). On the other side, courts and tribunals are theoretically under a duty to refer questions. In the UK, for example, Lord Denning MR considered it appropriate to refer if the outcome of a case depended on a correct answer, and the Civil Procedure Rules entitle the High Court to refer at any stage of proceedings. The view of
59708-652: Was a cultural movement, such as in the Völkisch movement in German-speaking states, which rapidly acquired a political significance. In these cases, the nationalist sentiment and the nationalist movement precede the unification of the German and Italian nation-states. Historians Hans Kohn, Liah Greenfeld, Philip White, and others have classified nations such as Germany or Italy, where they believe cultural unification preceded state unification, as ethnic nations or ethnic nationalities . However, "state-driven" national unifications, such as in France, England or China, are more likely to flourish in multiethnic societies, producing
59961-447: Was disproportionate. Second, article 7(2) requires equal treatment in respect of tax. In Finanzamt Köln Altstadt v Schumacker the Court of Justice held that it contravened TFEU art 45 to deny tax benefits (e.g. for married couples, and social insurance expense deductions) to a man who worked in Germany, but was resident in Belgium when other German residents got the benefits. By contrast in Weigel v Finanzlandesdirektion für Vorarlberg
60214-423: Was expressed too generally to create direct rights. On this view, legislation was necessary to make abstract human rights principles concrete, and legally enforceable. Beyond human rights, the Court of Justice has recognised at least five further 'general principles' of EU law. The categories of general principles are not closed, and may develop according to the social expectations of people living in Europe. While
60467-415: Was founded as a Jewish state in 1948. Its " Basic Laws " describe it as both a Jewish and a democratic state. The Basic Law: Israel as the Nation-State of the Jewish People (2018) explicitly specifies the nature of the State of Israel as the nation-state of the Jewish people . According to the Israel Central Bureau of Statistics , 75.7% of Israel's population are Jews. Arabs , who make up 20.4% of
60720-445: Was held that the provisions of the Treaties (and EU Regulations ) are directly effective, if they are (1) clear and unambiguous (2) unconditional, and (3) did not require EU or national authorities to take further action to implement them. Van Gend en Loos , a postal company, claimed that what is now TFEU article 30 prevented the Dutch Customs Authorities charging tariffs, when it imported urea-formaldehyde plastics from Germany to
60973-475: Was it a political invention; rather, it is an inadvertent by-product of 15th-century intellectual discoveries in political economy , capitalism , mercantilism , political geography , and geography combined with cartography and advances in map-making technologies . It was with these intellectual discoveries and technological advances that the nation-state arose. For others, the nation existed first, then nationalist movements arose for sovereignty , and
61226-421: Was made from cocoa butter alone, but British, Danish and Irish manufacturers used other vegetable fats. They claimed the law infringed article 34. The Court of Justice held that a low content of vegetable fat did not justify a "chocolate substitute" label. This was derogatory in the consumers' eyes. A 'neutral and objective statement' was enough to protect consumers. If member states place considerable obstacles on
61479-431: Was necessary to prevent a "corresponding denial" of Treaty "obligations undertaken unconditionally and irrevocably by member states", that could "imperil the very foundations of the" EU. But despite the views of the Court of Justice, the national courts of member states have not accepted the same analysis. Generally speaking, while all member states recognise that EU law takes primacy over national law where this agreed in
61732-419: Was needed. The French diplomat, Charles-Irénée Castel de Saint-Pierre , who worked negotiating the Treaty of Utrecht at the end of the War of Spanish Succession proposed, through " Perpetual Union ", "an everlasting peace in Europe", a project taken up by Jean-Jacques Rousseau , and Immanuel Kant after him. After the Napoleonic Wars and the Revolutions of 1848 in the 19th century, Victor Hugo at
61985-400: Was not allowed to require Mr Angonese to have a bilingual certificate that could only be obtained in Bolzano. The Court of Justice, giving "horizontal" direct effect to TFEU article 45, reasoned that people from other countries would have little chance of acquiring the certificate, and because it was "impossible to submit proof of the required linguistic knowledge by any other means", the measure
62238-443: Was not individually concerned when the Commission refused permission to Germany to stop import custom duties. This kept it more expensive for Mr Plaumann to import clementines, but it was equally expensive for everyone else. This decision heavily restricted the number of people who could claim for judicial review. In Unión de Pequeños Agricultores , Advocate General Jacobs propose a broader test of allowing anyone to claim if there
62491-418: Was partially reversed from the 1970s onward, with the introduction of various forms of regional autonomy , in formerly centralised states such as Spain or Italy . The most apparent impact of the nation-state, as compared to its non-national predecessors, is creating a uniform national culture through state policy. The model of the nation-state implies that its population constitutes a nation , united by
62744-560: Was politically inconclusive given the UK's system of Parliamentary sovereignty , with no agreement after the 2017 election, until the 2019 UK general election brought a Conservative majority with a manifesto commitment to drive through Brexit. The UK left EU membership in February 2020, with uncertain economic, territorial and social consequences. Although the European Union does not have a codified constitution , like every political body it has laws which "constitute" its basic governance structure. The EU's primary constitutional sources are
62997-463: Was signed for a European Atomic Energy Community to manage nuclear production. In 1961 the United Kingdom, Denmark, Ireland and Norway applied for membership only to be vetoed in 1963 by France's Charles de Gaulle . Spain also applied and was rejected as it was still led by the Franco dictatorship . The same year, the Court of Justice proclaimed that the Community constituted a "new legal order of international law". The Merger Treaty finally placed
63250-445: Was the European Union Civil Service Tribunal , which dealt with EU institutions' staff issues. The Statute of the Court and TFEU require judges are appointed only if they have no political occupation, with independence "beyond doubt". They are selected for renewable six-year terms by "common accord" of governments, with the advice of seven EU or member state judges that the Council and Parliament selects. The Rules of Procedure of
63503-438: Was the only way for sellers to overcome consumers' "traditional social practices and to local habits and customs" to buy their products, but again the national courts would decide whether it was justified under article 36 to protect public health. Under the Unfair Commercial Practices Directive , the EU harmonised restrictions on restrictions on marketing and advertising, to forbid conduct that distorts average consumer behaviour ,
63756-421: Was unsatisfactory the member states would have to change the treaties. Individual concern is not needed, however under article 263(4), if an act is not legislation, but just a "regulatory act". In Inuit Tapiriit Kanatami v Parliament and Council the Court of Justice affirmed that a Regulation does not count as a "regulatory act" within the Treaty's meaning: it is only meant for acts of lesser importance. Here,
64009-413: Was usually, but not always, from that group. This type of state is not specifically European: such empires existed in Asia, Africa and the Americas. Chinese dynasties, such as the Tang dynasty , the Yuan dynasty , and the Qing dynasty , were all multiethnic regimes governed by a ruling ethnic group. In the three examples, their ruling ethnic groups were the Han-Chinese , Mongols , and the Manchus . In
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