The Marketplace to Buy and Sell your Study Material
Buy and sell all your summaries, notes, theses, essays, papers, cases, manuals, researches, and many more..
Stuvia.com - The Marketplace to Buy and Sell your Study Material
IBL 1. Introduction to International Private law and European law. International law is agreed by 2 or more states and is applicable to those states. It is laid down in treaties, conventions, regulations and declarations (verdragen, conventies, regelgeving, verklaringen). International law: 1.International public law is concerned with issues as the set-up of international institutions (united nations, European community, European court of human rights), human rights (European convention on human rights) and the extradition of nationals from another country to their home country. 2.International private law to solve problems in international legal relationships which arise from different legal systems. Every country has its own international private law. It deals with 3 main issues: 1. Jurisdiction in cases of litigation between 2 parties from different states (what court of law has jurisdiction?-EEX). 2. That the law will be applied in cases of international litigation between 2 parties (what law is to be applied?-ECO). 3. Solutions to legal problems arising out of an international legal relationship (Is there a specific treaty that provides an immediate solution?-CISG). European Community law(EC) the EC treaty and all legislation which is based on it, binding for all Member States of the EC. EC law deals with several aspects of international private law. International business law is a part of international private law. European law (EC law) is international law, it’s based on 1 treaty (EC-Treaty), several institutions and types of legislation are based on this treaty (differences with private law). The EC law takes precedence over the national laws of countries that have signed the EC Treaty. It doesn’t cover every aspect of business competition between Member States of between undertakings that are or aren’t of the same Member State. If an undertaking breaks rules on competition law issued by the EC the European Commission is known to have imposed heavy fines. The main objective of the EC is to achieve economic integration through the use of a common market, where everything circulate freely. EC as supranational organization when Member States give up their sovereignty, EC is then a State above the Member States. With the authority to make rules and bind the Member States of the EC, without their consent (toestemming). Directly applicable EC lawthe provision of EC law are effective within the legal systems of the Member States, without the need of further acts by their governments. Directly effective EC law these provisions give rights or obligations which nationals can rely on in a court in their own country. Any provision only has a direct effect if the ECJ has said it does. Institutions of the EC: - European Parliament (art. 7, 189-201 EC Treaty). Members are directly elected by EU citizens. They take part in Parliamentary Committees dealing with agriculture, international trade and transport. They have a role in the budget of the EV and in the legislative process of the EC, if the EP is not consulted, the legislation is annulled. - Council of Ministers (art. 7,202-210 EC Treaty). Has a rotating membership of representatives at ministerial level, they are speaking for their own government. Functions: making EC policy in all areas, making decisions, based on proposals from the Commission. COREPER examine the Commission’s proposals before the council makes a final decision. - European Commission (art. 7,211-219 EC Treaty). 27 members, operates independently. Functions: initiator it initiates EC legislation, guardian of the Treaties, executive implementing the policies decide by the council. - European Court of Justice...