275-1157: This list of European Union Directives is ordered by theme to follow EU law . For a date based list, see the Category:European Union directives by number . From 1 January 1992 to 31 December 2014, numbers assigned by the General Secretariat of the Council followed adoption, for instance: Directive 2010/75/EU. Since 2015, acts have been numbered following the pattern (domain) YYYY/N, for instance "Regulation (EU) 2016/1627" with Some older directives had an ordinal number in their name, for instance: "First Council Directive 73/239/EEC". The Insurance Distribution Directive (IDD, Directive (EU) 2016/97 of 20 January 2016) sets out regulatory requirements for firms designing and selling insurance products. It aims to enhance consumer protection when buying insurance, including general insurance, life insurance and insurance-based investment products (IBIPs) – and to support competition between insurance distributors by creating
550-538: 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
825-524: 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
1100-616: 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
1375-556: 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
1650-517: 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
1925-479: 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 ,
2200-735: 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
2475-608: 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
2750-519: 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
3025-582: 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
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#17327805989153300-635: 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
3575-675: 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
3850-627: 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
4125-485: 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
4400-490: 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
4675-471: 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 ,
4950-454: 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
5225-467: A common ancestor, King Edward I of England . During his marriage to Catherine of Aragon, Henry conducted an affair with Mary Boleyn , Catherine's lady-in-waiting . There has been speculation that Mary's two children, Henry Carey and Catherine Carey , were fathered by Henry but this has never been proven. King Henry never acknowledged them as he did in the case of Henry FitzRoy. In 1525, as Henry grew more impatient with Catherine's inability to produce
5500-536: 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
5775-432: 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
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#17327805989156050-621: A consequence, the King was excommunicated by Pope Paul III on 17 December of the same year. In 1540, Henry sanctioned the complete destruction of shrines to saints. In 1542, England's remaining monasteries were all dissolved, and their property transferred to the Crown. Abbots and priors lost their seats in the House of Lords . Consequently, the Lords Spiritual – as members of
6325-470: 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
6600-569: A court, he never had any intention of empowering his legate, Lorenzo Campeggio , to decide in Henry's favour. This bias was perhaps the result of pressure from Emperor Charles V, but it is not clear how far this influenced either Campeggio or the Pope. After less than two months of hearing evidence, Clement called the case back to Rome in July 1529, from which it was clear that it would never re-emerge. With
6875-705: 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
7150-665: 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
7425-629: A diplomatic coup by convincing Emperor Maximilian to join the Holy League. Remarkably, Henry had secured the promised title of " Most Christian King of France" from Julius and possibly coronation by the Pope himself in Paris, if only Louis could be defeated. On 30 June 1513, Henry invaded France, and his troops defeated a French army at the Battle of the Spurs – a relatively minor result, but one which
7700-464: 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
7975-503: A fall from grace included the King's new mistress, the 28-year-old Jane Seymour , being moved into new quarters, and Anne's brother, George Boleyn , being refused the Order of the Garter , which was instead given to Nicholas Carew . Between 30 April and 2 May, five men, including George Boleyn, were arrested on charges of treasonable adultery and accused of having sexual relationships with
8250-405: A formal trial using bills of attainder . He achieved many of his political aims through his chief ministers, some of whom were banished or executed when they fell out of his favour. Thomas Wolsey , Thomas More , Thomas Cromwell , and Thomas Cranmer all figured prominently in his administration. Henry was an extravagant spender, using proceeds from the dissolution of the monasteries and acts of
8525-488: 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,
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8800-496: 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
9075-630: A level playing field. The directive replaced the previous Insurance Mediation Directive (IMD). EU 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
9350-403: 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
9625-410: 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
9900-505: 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
10175-500: 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
10450-595: 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
10725-533: 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,
11000-590: A reality. The attack, however, following a formal declaration of war in April 1512, was not led by Henry personally and was a considerable failure; Ferdinand used it simply to further his own ends, and it strained the Anglo-Spanish alliance. Nevertheless, the French were pushed out of Italy soon after, and the alliance survived, with both parties keen to win further victories over the French. Henry then pulled off
11275-432: 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
List of European Union directives - Misplaced Pages Continue
11550-522: A second wedding service in London on 25 January 1533. On 23 May 1533, Cranmer, sitting in judgment at a special court convened at Dunstable Priory to rule on the validity of the King's marriage to Catherine of Aragon, declared the marriage of Henry and Catherine null and void. Five days later, on 28 May 1533, Cranmer declared the marriage of Henry and Anne to be valid. Catherine was formally stripped of her title as queen, becoming instead "princess dowager" as
11825-482: 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
12100-664: 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
12375-461: 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
12650-616: A territorial possession of Charles, and the continued support of the Emperor. A small English attack in the north of France made up little ground. Charles defeated and captured Francis at Pavia and could dictate peace, but he believed he owed Henry nothing. Sensing this, Henry decided to take England out of the war before his ally, signing the Treaty of the More on 30 August 1525. King Henry VIII and all six of his wives were related through
12925-653: A time that his life was in danger. When news of this accident reached the Queen, she was sent into shock and miscarried a male child at about 15 weeks' gestation, on the day of Catherine's funeral, 29 January 1536. For most observers, this personal loss was the beginning of the end of this royal marriage. Although the Boleyn family still held important positions on the Privy Council , Anne had many enemies, including Charles Brandon, 1st Duke of Suffolk . Even her own uncle,
13200-457: A two-pronged attack. One force under Norfolk ineffectively besieged Montreuil . The other, under Suffolk, laid siege to Boulogne . Henry later took personal command, and Boulogne fell on 18 September 1544. However, Henry had refused Charles's request to march against Paris. Charles's own campaign fizzled, and he made peace with France that same day. Henry was left alone against France, unable to make peace. Francis attempted to invade England in
13475-553: A very limited extent", whilst Alison Weir believes there were numerous other affairs. Catherine is not known to have protested. In 1518, she fell pregnant again with another girl, who was also stillborn. Blount gave birth in June 1519 to Henry's illegitimate son, Henry FitzRoy . The young boy was made Duke of Richmond in June 1525 in what some thought was one step on the path to his eventual legitimisation. FitzRoy married Mary Howard in 1533, but died childless three years later. At
13750-531: 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
14025-544: 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
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#173278059891514300-483: 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
14575-669: 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
14850-561: 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
15125-430: 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
15400-556: Is known about Henry's early life – save for his appointments – because he was not expected to become king, but it is known that he received a first-rate education from leading tutors. He became fluent in Latin and French and learned at least some Italian. In November 1501, Henry played a considerable part in the ceremonies surrounding his brother Arthur's marriage to Catherine , the youngest child of King Ferdinand II of Aragon and Queen Isabella I of Castile . As duke of York, Henry used
15675-430: 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,
15950-513: 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
16225-609: 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
16500-428: 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
16775-554: Is traditionally believed to have had an affair with Madge Shelton in 1535, although historian Antonia Fraser argues that Henry in fact had an affair with her sister Mary Shelton . Opposition to Henry's religious policies was at first quickly suppressed in England. Some dissenting monks, including the first Carthusian Martyrs , were executed and many more pilloried . The most prominent resisters included John Fisher , Bishop of Rochester, and Thomas More, both of whom refused to take
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#173278059891517050-474: Is unclear exactly why, for there is little evidence of differences in domestic or foreign policy. Despite his role, he was never formally accused of being responsible for Henry's failed marriage. Cromwell was now surrounded by enemies at court, with Norfolk also able to draw on his niece Catherine's position. Cromwell was charged with treason, selling export licences, granting passports, and drawing up commissions without permission, and may also have been blamed for
17325-502: 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
17600-663: 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
17875-652: 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
18150-526: The Act of Succession 1533 , Catherine's daughter, Mary, was declared illegitimate; Henry's marriage to Anne was declared legitimate; and Anne's issue declared to be next in the line of succession. With the Acts of Supremacy in 1534, Parliament recognised the King's status as head of the church in England and, together with the Act in Restraint of Appeals in 1532, abolished the right of appeal to Rome. It
18425-641: 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
18700-482: 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
18975-414: 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
19250-411: 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
19525-528: The English Reformation , separating the Church of England from papal authority. He appointed himself Supreme Head of the Church of England and dissolved convents and monasteries , for which he was excommunicated by the pope. Henry brought radical changes to the Constitution of England , expanding royal power and ushering in the theory of the divine right of kings in opposition to papal supremacy . He frequently used charges of treason and heresy to quell dissent, and those accused were often executed without
19800-618: 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
20075-764: 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
20350-474: 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,
20625-675: 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
20900-553: 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,
21175-527: 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
21450-605: 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
21725-465: The Holy See by way of a deceptively worded draft papal bull. Knight was unsuccessful; the Pope could not be misled so easily, and he did not want to antagonise Catherine's nephew, Charles V, whose troops had recently sacked Rome . Other missions concentrated on arranging an ecclesiastical court to meet in England, with a representative from Clement VII. Although Clement agreed to the creation of such
22000-711: 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
22275-532: The Italian War in favour of his new ally. An invasion of France was planned for 1543. In preparation for it, Henry moved to eliminate the potential threat of Scotland under his young nephew, James V . The Scots were defeated at the Battle of Solway Moss on 24 November 1542, and James died on 15 December. Henry now hoped to unite the crowns of England and Scotland by marrying his son Edward to James's successor, Mary . The Scottish regent Lord Arran agreed to
22550-479: The King's "great matter" . These options were legitimising Henry FitzRoy, which would need the involvement of the Pope and would be open to challenge; marrying off Mary, his daughter with Catherine, as soon as possible and hoping for a grandson to inherit directly, but Mary was considered unlikely to conceive before Henry's death, or somehow rejecting Catherine and marrying someone else of child-bearing age. Probably seeing
22825-709: The Laws in Wales Act 1535 , which legally annexed Wales , uniting England and Wales into a single nation. This was followed by the Second Succession Act (the Succession to the Crown Act 1536), which declared Henry's children by Jane to be next in the line of succession and declared both Mary and Elizabeth illegitimate, thus excluding them from the throne. The King was granted the power to further determine
23100-722: 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,
23375-675: The Oath of Supremacy to the King. Neither Henry nor Cromwell sought at that stage to have the men executed; rather, they hoped that the two might change their minds and save themselves. Fisher openly rejected Henry as the Supreme Head of the Church, but More was careful to avoid openly breaking the Treasons Act 1534 , which (unlike later acts) did not forbid mere silence. Both men were subsequently convicted of high treason, however – More on
23650-507: The Palace of Whitehall , Whitehall , London, in Anne's closet, by Stephen Gardiner , Bishop of Winchester . With Charles V distracted by the internal politics of his many kingdoms and external threats, and Henry and Francis on relatively good terms, domestic and not foreign policy issues had been Henry's priority in the first half of the 1530s. In 1536, for example, Henry granted his assent to
23925-527: 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
24200-622: The Reformation Parliament . He converted money that was formerly paid to Rome into royal revenue. Despite the money from these sources, he was often on the verge of financial ruin due to personal extravagance and costly and largely unproductive wars, particularly with King Francis I of France , Charles V, Holy Roman Emperor , King James V of Scotland , and the Scottish regency under the Earl of Arran and Mary of Guise . He founded
24475-640: The Royal Navy , oversaw the annexation of Wales to England with the Laws in Wales Acts 1535 and 1542 , and was the first English monarch to rule as King of Ireland following the Crown of Ireland Act 1542 . Henry's contemporaries considered him an attractive, educated, and accomplished king. He has been described as "one of the most charismatic rulers to sit on the English throne" and his reign described as
24750-481: 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
25025-489: 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
25300-649: 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,
25575-481: 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
25850-564: The Third Succession Act put them back in the line of succession after Edward. The same act allowed Henry to determine further succession to the throne in his will. In 1538, the chief minister Thomas Cromwell pursued an extensive campaign against what the government termed "idolatry" practised under the old religion, culminating in September with the dismantling of the shrine of St. Thomas Becket at Canterbury Cathedral . As
26125-599: 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
26400-533: 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
26675-484: 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
26950-458: 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
27225-523: 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
27500-485: 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
27775-609: 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
28050-415: The male heir he desired, he became enamoured of Mary Boleyn's sister, Anne Boleyn , then a charismatic young woman of 25 in the Queen's entourage. Anne, however, resisted his attempts to seduce her, and refused to become his mistress as her sister had. It was in this context that Henry considered his three options for finding a dynastic successor and hence resolving what came to be described at court as
28325-414: 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
28600-503: 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
28875-519: The "most important" in English history. He was an author and composer. As he aged, he became severely overweight and his health suffered. He is frequently characterised in his later life as a lustful, egotistical, paranoid, and tyrannical monarch. He was succeeded by his son Edward VI . Born on 28 June 1491 at the Palace of Placentia in Greenwich , Kent, Henry Tudor was the third child and second son of King Henry VII and Elizabeth of York . Of
29150-449: 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
29425-622: 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
29700-460: 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
29975-477: 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
30250-437: 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
30525-442: 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
30800-468: 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
31075-485: 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
31350-472: 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
31625-478: 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,
31900-499: 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
32175-467: 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
32450-501: 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
32725-461: 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
33000-467: The Duke of Norfolk, had come to resent her attitude to her power. The Boleyns preferred France over the Emperor as a potential ally, but the King's favour had swung towards the latter (partly because of Cromwell), damaging the family's influence. Also opposed to Anne were supporters of reconciliation with Princess Mary (among them the former supporters of Catherine), who had reached maturity. A second annulment
33275-533: 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
33550-538: 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
33825-523: 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
34100-404: 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
34375-496: 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),
34650-436: 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
34925-589: 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
35200-545: 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
35475-497: The English army, overseen by Queen Catherine, decisively defeated the Scots at the Battle of Flodden on 9 September 1513. Among the dead was the Scottish king, thus ending Scotland 's brief involvement in the war. These campaigns had given Henry a taste of the military success he so desired. However, despite initial indications, he decided not to pursue a 1514 campaign. He had been supporting Ferdinand and Maximilian financially during
35750-555: 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
36025-698: 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
36300-512: 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
36575-411: 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
36850-496: The King. Soon after marrying Henry, Catherine conceived. She gave birth to a stillborn girl on 31 January 1510. About four months later, Catherine again became pregnant. On 1 January 1511, New Year's Day, a son Henry was born. After the grief of losing their first child, the couple were pleased to have a boy and festivities were held, including a two-day joust known as the Westminster Tournament . However,
37125-608: 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
37400-427: 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
37675-409: 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
37950-430: The Pope had lacked the authority to grant a dispensation from this impediment. It was this argument Henry took to Pope Clement VII in 1527 in the hope of having his marriage to Catherine annulled, forgoing at least one less openly defiant line of attack. In going public, all hope of tempting Catherine to retire to a nunnery or otherwise stay quiet was lost. Henry sent his secretary, William Knight , to appeal directly to
38225-410: The Queen. Anne was arrested, accused of treasonous adultery and incest. Although the evidence against them was unconvincing, the accused were found guilty and condemned to death. On 17 May 1536, Henry and Anne's marriage was annulled by Archbishop Cranmer at Lambeth Palace and the accused men were executed. Cranmer appears to have had difficulty finding grounds for an annulment and probably based it on
38500-529: The Spanish ambassador set out instead to obtain a dispensation for " affinity ", which took account of the possibility of consummation. Cohabitation was not possible because Henry was too young. Isabella's death in 1504, and the ensuing problems of succession in Castile , complicated matters. Ferdinand II preferred Catherine to stay in England, but Henry VII's relations with Ferdinand had deteriorated. Catherine
38775-593: 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
39050-408: 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
39325-459: 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
39600-537: 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
39875-581: 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
40150-506: 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
40425-429: 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
40700-523: 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
40975-432: The Younger was dispatched to Cleves to paint a portrait of Anne for the King. Despite speculation that Holbein painted her in an overly flattering light, it is more likely that the portrait was accurate; Holbein remained in favour at court. After seeing Holbein's portrait, and urged on by the complimentary description of Anne given by his courtiers, the 49-year-old King agreed to wed Anne. When Henry met Anne, however, he
41250-446: 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
41525-400: 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
41800-437: 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
42075-585: The allegations, Dereham confessed. It took another meeting of the council, however, before Henry believed the accusations against Dereham and went into a rage, blaming the council before consoling himself in hunting. When questioned, the Queen could have admitted a prior contract to marry Dereham, which would have made her subsequent marriage to Henry invalid, but she instead claimed that Dereham had forced her to enter into an adulterous relationship. Dereham, meanwhile, exposed Catherine's relationship with Culpeper. Culpeper and Dereham were both executed, and Catherine too
42350-401: The arms of his father as king, differenced by a label of three points ermine . He was further honoured on 9 February 1506 by Holy Roman Emperor Maximilian I , who made him a Knight of the Golden Fleece . In 1502, Arthur died at the age of 15, just 20 weeks after his marriage to Catherine of Aragon . Arthur's death thrust all his duties upon his younger brother. The 10-year-old Henry became
42625-448: 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
42900-426: 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"
43175-405: 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
43450-402: The campaign but had received little in return; England's coffers were now empty. With the replacement of Julius by Pope Leo X , who was inclined to negotiate for peace with France, Henry signed his own treaty with Louis: his sister Mary would become Louis's wife, having previously been pledged to the younger Charles, and peace was secured for eight years, a remarkably long time. Charles V ,
43725-482: The ceremony, there was a grand banquet in Westminster Hall . As Catherine wrote to her father, "our time is spent in continuous festival". Two days after his coronation, Henry arrested his father's two most unpopular ministers, Richard Empson and Edmund Dudley . They were charged with high treason and were executed in 1510. Politically motivated executions would remain one of Henry's primary tactics for dealing with those who stood in his way. Henry returned some of
44000-450: The chance for an annulment lost, Cardinal Wolsey bore the blame. He was charged with praemunire in October 1529, and his fall from grace was "sudden and total". Briefly reconciled with Henry (and officially pardoned) in the first half of 1530, he was charged once more in November 1530, this time for treason, but died while awaiting trial. After a short period in which Henry took government upon his own shoulders, Thomas More took on
44275-443: The child died seven weeks later. Catherine had two stillborn sons in 1513 and 1515, but gave birth in February 1516 to a girl, Mary . Relations between Henry and Catherine had been strained, but they eased slightly after Mary's birth. Although Henry's marriage to Catherine has since been described as "unusually good", it is known that Henry took mistresses. It was revealed in 1510 that Henry had been conducting an affair with one of
44550-417: The clergy with seats in the House of Lords were known – were for the first time outnumbered by the Lords Temporal . The 1539 alliance between Francis and Charles had soured, eventually degenerating into renewed war. With Catherine of Aragon and Anne Boleyn dead, relations between Charles and Henry improved considerably, and Henry concluded a secret alliance with the Emperor and decided to enter
44825-487: 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
45100-409: 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
45375-403: 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
45650-433: 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
45925-532: 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,
46200-459: 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
46475-453: The courtier Thomas Culpeper . She also employed Francis Dereham , who had previously been informally engaged to her and had an affair with her prior to her marriage, as her secretary. The Privy Council was informed of her affair with Dereham whilst Henry was away; Thomas Cranmer was dispatched to investigate, and he brought evidence of Queen Catherine's previous affair with Dereham to the King's notice. Though Henry originally refused to believe
46750-527: 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
47025-580: The dissolution of the monasteries, Henry used some of his financial reserves to build a series of coastal defences and set some aside for use in the event of a Franco-German invasion. Having considered the matter, Cromwell suggested Anne , the 25-year-old sister of William, Duke of Jülich-Cleves-Berg , who was seen as an important ally in case of a Roman Catholic attack on England, for the Duke fell between Lutheranism and Catholicism . Other potential brides included Christina of Denmark, Anna of Lorraine , Louise of Guise and Amalia of Cleves . Hans Holbein
47300-423: The disturbances ended. On 8 January 1536, news reached the King and Queen that Catherine of Aragon had died. The following day, Henry dressed all in yellow, with a white feather in his bonnet. Queen Anne was pregnant again, and she was aware that there might be consequences if she failed to give birth to a son. Later that month, the King was thrown from his horse in a tournament and was badly injured; it seemed for
47575-424: 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
47850-459: 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,
48125-600: 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
48400-459: The evidence of a single conversation with Richard Rich , the Solicitor General – and both were executed in the summer of 1535. These suppressions, as well as the Suppression of Religious Houses Act 1535 , in turn, contributed to a more general resistance to Henry's reforms, most notably in the Pilgrimage of Grace , a large uprising in northern England in October 1536. Some 20,000 to 40,000 rebels were led by Robert Aske , together with parts of
48675-416: 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
48950-516: The extent that his 1521 publication Assertio Septem Sacramentorum ("Defence of the Seven Sacraments") earned him the title of Fidei Defensor (Defender of the Faith) from Pope Leo X. The work represented a staunch defence of papal supremacy, albeit one couched in somewhat contingent terms. It is not clear exactly when Henry changed his mind on the issue as he grew more intent on a second marriage. Certainly, by 1527, he had convinced himself that Catherine had produced no male heir because their union
49225-532: The extent that his doctors found it difficult to treat. The chronic wound festered for the remainder of his life and became ulcerated , preventing him from maintaining the level of physical activity he had previously enjoyed. The jousting accident is also believed to have caused Henry's mood swings , which may have had a dramatic effect on his personality and temperament. The theory that Henry had syphilis has been dismissed by most historians. Historian Susan Maclean Kybett ascribes his demise to scurvy , which
49500-456: The failure of the foreign policy that accompanied the attempted marriage to Anne. He was subsequently attainted and beheaded. On 28 July 1540 (the same day Cromwell was executed), Henry married the young Catherine Howard, a first cousin and lady-in-waiting of Anne Boleyn. He was delighted with his new queen and awarded her the lands of Cromwell and a vast array of jewellery. Soon after the marriage, however, Queen Catherine had an affair with
49775-416: 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
50050-417: 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
50325-414: 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
50600-452: 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
50875-419: 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
51150-428: The friars' church in Greenwich on 11 June 1509. Henry claimed descent from Constantine the Great and King Arthur and saw himself as their successor. On 23 June 1509, Henry led the now 23-year-old Catherine from the Tower of London to Westminster Abbey for their coronation, which took place the following day. It was a grand affair: the King's passage was lined with tapestries and laid with fine cloth. Following
51425-448: 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,
51700-432: The host state, but for social assistance only after 3 months of residence. Henry VIII Henry VIII (28 June 1491 – 28 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is known for his six marriages and his efforts to have his first marriage (to Catherine of Aragon ) annulled . His disagreement with Pope Clement VII about such an annulment led Henry to initiate
51975-399: The ideas of the Protestant Reformers, but the extent to which she herself was a committed Protestant is much debated. When Archbishop of Canterbury William Warham died, Anne's influence and the need to find a trustworthy supporter of the annulment had Thomas Cranmer appointed to the vacant position. This was approved by the Pope, unaware of the King's nascent plans for the Church. Henry
52250-415: The infant Edward would marry one of Charles's daughters. It was suggested the widowed Henry might marry Christina, Dowager Duchess of Milan . However, when Charles and Francis made peace in January 1539, Henry became increasingly paranoid, perhaps as a result of receiving a constant list of threats to the kingdom (real or imaginary, minor or serious) supplied by Cromwell in his role as spymaster. Enriched by
52525-464: 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
52800-430: 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
53075-434: The kingdoms of western Europe in the wake of a new Ottoman threat, and it seemed that peace might be secured. Henry met King Francis on 7 June 1520 at the Field of the Cloth of Gold near Calais for a fortnight of lavish entertainment. Both hoped for friendly relations in place of the wars of the previous decade. The strong air of competition laid to rest any hopes of a renewal of the Treaty of London, however, and conflict
53350-404: The largely ceremonial role of a royal wife and it made her many enemies. For his part, Henry disliked Anne's constant irritability and violent temper. After a false pregnancy or miscarriage in 1534, he saw her failure to give him a son as a betrayal. As early as Christmas 1534, Henry was discussing with Cranmer and Cromwell the chances of leaving Anne without having to return to Catherine. Henry
53625-441: 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
53900-403: 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
54175-685: 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
54450-426: 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
54725-474: 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
55000-426: 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
55275-437: The line of succession in his will, should he have no further issue. On 12 October 1537, Jane gave birth to a son, Prince Edward, the future Edward VI . The birth was difficult, and Queen Jane died on 24 October 1537 from an infection and was buried in Windsor. The euphoria that had accompanied Edward's birth became sorrow, but it was only over time that Henry came to long for his wife. At the time, Henry recovered quickly from
55550-412: 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
55825-462: The marriage in the Treaty of Greenwich on 1 July 1543, but it was rejected by the Parliament of Scotland on 11 December. The result was eight years of war between England and Scotland, a campaign later dubbed "the Rough Wooing ". Despite several peace treaties, unrest continued in Scotland until Henry's death. Despite the early success with Scotland, Henry hesitated to invade France, annoying Charles. Henry finally went to France in June 1544 with
56100-471: 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
56375-402: 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
56650-494: 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
56925-457: 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
57200-466: The money supposedly extorted by the two ministers. By contrast, Henry's view of the House of York – potential rival claimants for the throne – was more moderate than his father's had been. Several who had been imprisoned by his father, including Thomas Grey, 2nd Marquess of Dorset , were pardoned. Others went unreconciled; Edmund de la Pole, 3rd Duke of Suffolk was eventually beheaded in 1513, an execution prompted by his brother Richard siding against
57475-428: The nephew of Henry's wife Catherine, inherited a large empire in Europe, becoming king of Spain in 1516 and Holy Roman Emperor in 1519. When Louis XII of France died in 1515, he was succeeded by his cousin Francis I . These accessions left three relatively young rulers and an opportunity for a clean slate. The careful diplomacy of Cardinal Thomas Wolsey had resulted in the Treaty of London (1518) , aimed at uniting
57750-458: The new Duke of Cornwall , and the new Prince of Wales and Earl of Chester in February 1504. Henry VII gave his second son few responsibilities even after the death of Arthur. Young Henry was strictly supervised and did not appear in public. As a result, he ascended the throne "untrained in the exacting art of kingship". Henry VII renewed his efforts to seal a marital alliance between England and Spain, by offering his son Henry in marriage to
58025-447: The new reforms from challenge, convincing the public of their legitimacy, and exposing and dealing with opponents. Although the canon law was dealt with at length by Cranmer and others, these acts were advanced by Thomas Cromwell , Thomas Audley and Thomas Howard, 3rd Duke of Norfolk and indeed by Henry himself. With this process complete, in May 1532 More resigned as Lord Chancellor, leaving Cromwell as Henry's chief minister. With
58300-517: The northern nobility. Henry VIII promised the rebels he would pardon them and thanked them for raising the issues. Aske told the rebels they had been successful and they could disperse and go home. Henry saw the rebels as traitors and did not feel obliged to keep his promises to them, so when further violence occurred after Henry's offer of a pardon he was quick to break his promise of clemency. The leaders, including Aske, were arrested and executed for treason. In total, about 200 rebels were executed, and
58575-406: The papal dispensation and a missing part of the marriage portion . The new king maintained that it had been his father's dying wish that he marry Catherine. Whether or not this was true, it was convenient. Emperor Maximilian I had been attempting to marry his granddaughter Eleanor , Catherine's niece, to Henry; she had now been jilted. Henry's wedding to Catherine was kept low-key and was held at
58850-434: 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,
59125-414: The possibility of marrying Anne, the third was ultimately the most attractive possibility to the 34-year-old Henry, and it soon became the King's absorbing desire to annul his marriage to the now 40-year-old Catherine. Henry's precise motivations and intentions over the coming years are not widely agreed on. Henry himself, at least in the early part of his reign, was a devout and well-informed Catholic to
59400-408: 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,
59675-450: 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
59950-437: The prior liaison between Henry and Anne's sister Mary, which in canon law meant that Henry's marriage to Anne was, like his first marriage, within a forbidden degree of affinity and therefore void. At 8 am on 19 May 1536, Anne was executed on Tower Green . The day after Anne's execution the 45-year-old Henry became engaged to Seymour, who had been one of the Queen's ladies-in-waiting . They were married ten days later at
60225-528: 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
60500-575: 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
60775-413: 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,
61050-453: 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
61325-405: 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
61600-415: 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
61875-418: 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
62150-413: 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
62425-438: The rest. I can have none appetite for displeasant airs. I have left her as good a maid and I found her. Henry wished to annul the marriage as soon as possible so he could marry another. Anne did not argue, and confirmed that the marriage had never been consummated. Anne's previous betrothal to Francis of Lorraine provided further grounds for the annulment. The marriage was subsequently dissolved in July 1540, and Anne received
62700-413: The role of Lord Chancellor and chief minister. Intelligent and able, but a devout Catholic and opponent of the annulment, More initially cooperated with the King's new policy, denouncing Wolsey in Parliament. A year later, Catherine was banished from court, and her rooms were given to Anne Boleyn. Anne was an unusually educated and intellectual woman for her time and was keenly absorbed and engaged with
62975-757: 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
63250-420: 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
63525-422: 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
63800-444: The shock. Measures were immediately put in place to find another wife for Henry, which, at the insistence of Cromwell and the Privy Council, were focused on the European continent. In 1538, as part of the negotiation of a secret treaty by Cromwell with Charles V, a series of dynastic marriages were proposed: Mary would marry a son of King John III of Portugal , Elizabeth would marry one of the sons of King Ferdinand I of Hungary and
64075-425: The sisters of Edward Stafford, 3rd Duke of Buckingham , either Elizabeth or Anne Hastings, Countess of Huntingdon . The most significant mistress for about three years, starting in 1516, was Elizabeth Blount . Blount is one of only two completely undisputed mistresses, considered by some to be few for a virile young king. Exactly how many Henry had is disputed: David Loades believes Henry had mistresses "only to
64350-400: 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,
64625-514: 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
64900-399: The summer of 1545 but his forces reached only the Isle of Wight before being repulsed in the Battle of the Solent . Financially exhausted, France and England signed the Treaty of Camp on 7 June 1546. Henry secured Boulogne for eight years. The city was then to be returned to France for 2 million crowns (£750,000). Henry needed the money; the 1544 campaign had cost £650,000, and England
65175-420: The time of his death in July 1536, parliament was considering the Second Succession Act , which could have allowed him to become king. In 1510, France , with a fragile alliance with the Holy Roman Empire in the League of Cambrai , was winning a war against Venice . Henry renewed his father's friendship with Louis XII of France , an issue that divided his council. Certainly, war with the combined might of
65450-447: The title of "The King's Sister", two houses, and a generous allowance. It was soon clear that Henry had fallen for the 17-year-old Catherine Howard , the Duke of Norfolk's niece. This worried Cromwell, for Norfolk was his political opponent. Shortly after, the religious reformers (and protégés of Cromwell) Robert Barnes , William Jerome and Thomas Garret were burned as heretics. Cromwell, meanwhile, fell out of favour although it
65725-443: The two powers would have been exceedingly difficult. Shortly thereafter, however, Henry also signed a pact with Ferdinand II of Aragon. After Pope Julius II created the anti-French Holy League in October 1511, Henry followed Ferdinand's lead and brought England into the new League. An initial joint Anglo-Spanish attack was planned for the spring to recover Aquitaine for England, the start of making Henry's dreams of ruling France
66000-423: 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,
66275-422: 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
66550-446: 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
66825-400: 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
67100-455: The widow of Arthur. In her place, Anne was crowned queen consort on 1 June 1533. The Queen gave birth to a daughter slightly prematurely on 7 September 1533. The child was christened Elizabeth , in honour of Henry's mother, Elizabeth of York. Following the marriage, there was a period of consolidation, taking the form of a series of statutes of the Reformation Parliament aimed at finding solutions to any remaining issues, whilst protecting
67375-409: The widowed Catherine. Henry VII and Queen Isabella were both keen on the idea, which had arisen very shortly after Arthur's death. On 23 June 1503, a treaty was signed for their marriage, and they were betrothed two days later. A papal dispensation was only needed for the "impediment of public honesty" if the marriage had not been consummated as Catherine and her duenna claimed, but Henry VII and
67650-600: 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
67925-401: The young Henry's six (or seven) siblings, only three – his brother Arthur, Prince of Wales , and sisters Margaret and Mary – survived infancy. He was baptised by Richard Foxe , the Bishop of Exeter , at a church of the Observant Franciscans close to the palace. In 1493, at the age of two, Henry was appointed Constable of Dover Castle and Lord Warden of the Cinque Ports . He
68200-559: 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
68475-438: Was "blighted in the eyes of God". Indeed, in marrying Catherine, his brother's wife, he had acted contrary to Leviticus 20:21, a justification Thomas Cranmer used to declare the marriage null. Martin Luther , on the other hand, had initially argued against the annulment, stating that Henry VIII could take a second wife in accordance with his teaching that the Bible allowed for polygamy but not divorce . Henry now believed
68750-436: 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
69025-437: 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
69300-476: Was beheaded on 13 February 1542. Henry married his last wife, the wealthy widow Catherine Parr , in July 1543. A reformer at heart, she argued with Henry over religion. Henry remained committed to an idiosyncratic mixture of Catholicism and Protestantism; the reactionary mood that had gained ground after Cromwell's fall had neither eliminated his Protestant streak nor been overcome by it. Parr helped reconcile Henry with his daughters, Mary and Elizabeth. In 1543,
69575-447: 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
69850-423: 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
70125-445: 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
70400-411: Was inevitable. Henry had more in common with Charles, whom he met once before and once after Francis. Charles brought his realms into war with France in 1521; Henry offered to mediate, but little was achieved and by the end of the year Henry had aligned England with Charles. He still clung to his previous aim of restoring English lands in France but sought to secure an alliance with the Netherlands , then
70675-421: 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
70950-399: Was married to Catherine for 24 years. Their divorce has been described as a "deeply wounding and isolating" experience for Henry. In the winter of 1532, Henry met with Francis I at Calais and enlisted Francis's support for his new marriage. Immediately upon returning to Dover in England, Henry, now 41, and Anne went through a secret wedding service. She soon became pregnant, and there was
71225-424: Was much displeased with her appearance. The King was reportedly taken aback and told his courtiers "I promise you, I see no such thing as hath been shown me of her, by pictures and report. I am ashamed that men have praised her as they have done, and I love her not!" Despite his protests, Henry knew that the situation was too far gone and he would have to wed his bride. The marriage took place in January 1540, but it
71500-431: 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
71775-419: 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
72050-439: Was never consummated. The morning after their wedding night, Henry complained about his new wife to Cromwell, stating: Surely, my lord, I liked her before not well, but now I like her much worse! She is nothing fair, and have very evil smells about her. I took her to be no maid by reason of the closeness of her breasts and other tokens, which, when I felt them, strake me so to the heart, that I had neither will nor courage to prove
72325-400: 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
72600-443: 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
72875-402: Was now a real possibility, although it is commonly believed that it was Cromwell's anti-Boleyn influence that led opponents to look for a way of having her executed. Anne's downfall came shortly after she had recovered from her final miscarriage. Whether it was primarily the result of allegations of conspiracy, adultery, or witchcraft remains a matter of debate among historians. Early signs of
73150-478: Was once again facing bankruptcy. Late in life, Henry became obese , with a waist measurement of 54 inches (140 cm), and had to be moved about with the help of mechanical devices. He was covered with painful, pus -filled boils and possibly had gout . His obesity and other medical problems can be traced to the jousting accident on 24 January 1536 in which he suffered a leg wound. The accident reopened and aggravated an injury he had sustained years earlier, to
73425-462: Was only then that Pope Clement VII took the step of excommunicating the King and Cranmer, although the excommunication was not made official until some time later. The King and Queen were not pleased with married life. The royal couple enjoyed periods of calm and affection, but Anne refused to play the submissive role expected of her. The vivacity and opinionated intellect that had made her so attractive as an illicit lover made her too independent for
73700-560: 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
73975-402: Was seized on by the English for propaganda purposes. Soon after, the English took Thérouanne and handed it over to Maximilian; Tournai , a more significant settlement, followed. Henry had led the army personally, complete with a large entourage. His absence from the country, however, had prompted his brother-in-law James IV of Scotland to invade England at the behest of Louis. Nevertheless,
74250-463: 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
74525-515: Was subsequently appointed Earl Marshal of England and Lord Lieutenant of Ireland at age three and was made a Knight of the Bath soon after. The day after the ceremony, he was created Duke of York and a month or so later made Warden of the Scottish Marches . In May 1495, he was appointed to the Order of the Garter . The reason for giving such appointments to a small child was to enable his father to retain personal control of lucrative positions and not share them with established families. Not much
74800-445: 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
75075-438: 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 ,
75350-575: Was therefore left in limbo for some time, culminating in Prince Henry's rejection of the marriage as soon he was able, at the age of 14. Ferdinand's solution was to make his daughter ambassador, allowing her to stay in England indefinitely. Devout, she began to believe that it was God's will that she marry the Prince despite his opposition. Henry VII died in April 1509, and the 17-year-old Henry succeeded him as king. Soon after his father's burial on 10 May, Henry suddenly declared that he would indeed marry Catherine, leaving unresolved several issues concerning
75625-421: 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,
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