SOURCES AND SCOPE OF EUROPEAN LAW. Michele Colucci E-mail: [email protected] Web site: www.colucci.eu European College, Parma Academic year 2010-2011. PRIMARY LEGISLATION. TREATIES Created directly by Member States BODY, PROTOCOLS: legal binding DECLARATIONS: political value.
ALL CREATED BY EU INSTITUTIONS
Individuals may cite the provisions before all bodies in whom State power is vested
(Fratelli Costanzo Case - 103/89)
Advisory Committee Procedure
Management Committee Procedure
Legislation Committee Procedure
All representatives of Member States.PROCEDURE FOR IMPLEMENTING MEASURESThe « Comitology procedure »
Right of establishment
Services (articles 49 -55)
Capital (articles 56-60)
Objective: to ensure the free flow of goods, capital, people, and services within the Internal Market, and to remove any barriers thereto
Principles: mutual recognition and ban of discriminationINTERNAL MARKET Legal basis
Legal basis: Articles101 ss.
Objective: to ensure undistorted competition within the IM
Prohibits all practices that may distort interstate commerce :
limiting or controling production, markets, technical developments, or investments;
sharing markets or sources ofsupply;
applying dissimilar conditions to trading partners to place them at competitive disadvantege, etc.).
Prohibits state aid that may distort interstate commerceCompetition Rules
ALL ROADS LEAD TO ROME, BUT FIRST … GO THROUGH BRUSSELS!