The 'Primary' and 'Secondary' European Union Legislation

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  • Topic: European Union, European Economic Community, European Coal and Steel Community
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The 'primary' and 'secondary' European Union legislation

Sources of law of the European Union are among three things namely primary sources , sources derived and subsidiary law. Primary sources, or primary law, mainly comprise the founding treaties of the European Union. Derivative sources are constituted by elements of law based on treaties. Included in the legislation, the legislation unilateral and conventional law. Subsidiary sources are formed by elements of the law that are not provided by the Treaties. It is the jurisprudence of the Court of Justice, international law and general principles of law. We will here make an overview of the different types of acts which are including in the primary and secondary legislation of the European Union. Primary law is found mainly in the Treaties Primary legislation includes in particular the Treaties and other agreements having similar status. Primary legislation is agreed by direct negotiation between the governments of Member State. Treaties "founders" which establishing various European Communities are : -The Treaty of Paris which was signed on 18 April 1951 by the Federal Republic of Germany (FRG), Belgium, France, Italy, Luxembourg and the Netherlands for a period of 50 years. It entered into force on 23 July 19521. It organizes the sharing of production and consumption of coal and steel between the six signatory countries establishing the European Coal and Steel Community (ECSC). This treaty is considered one of the founding acts of the European Union.

-The Treaties of Rome, March 25, 1957. Germany, Belgium, France, Italy, Luxembourg and the Netherlands signed two treaties in Rome: the first creates the European Economic Community (EEC) and the second creates the European Atomic Energy Community (EAEC or Euratom). The European Economic Community (EEC) was a supranational organization established in 1957 to conduct an economic integration (including the common market between Germany, Belgium, France, Italy, Luxembourg and the Netherlands).

Euratom (or EAEC European Atomic Energy Community) is a public body responsible for coordinating European research programs on nuclear energy. It aims "training and rapid growth of nuclear industries' within the signatory countries, which then sought to limit their energetic dependence

These two treaties entered into force on 14 January 1958. New Communities then appeared as a factor of economic empowerment for the Member States.

-The Treaty on European Union (TEU), signed in Maastricht on 7 February 1992, entered into force on 1 November 1993. The Treaty on European Union (TEU), marks a new stage in European integration since it allows the introduction of political integration. It creates a European Union consisting of three pillars: the European Communities, Common Foreign and Security Policy (CFSP) and police and judicial cooperation in criminal matters (JHA). The treaty: established European citizenship, strengthened the powers of the European Parliament and launches the Economic and Monetary Union (EMU). In addition, the EEC became the European Community (EC).

European primary law is also composed of amending treaties:

-The Single European Act (often abbreviated Single Act or SEA) was signed by 12 States on 17 and 28 February 1986 respectively, Luxembourg and The Haye1 and entered into force on 1 July 1987. It is called the Single European Act because it is the first found in a treaty Community provisions (supra) and intergovernmental arrangements (international).'s Single act amended the Treaty of Rome of 1957 instituting the European Economic Community (EEC), has detailed objectives and paved the way for the realization of market unique.L single Act of 1986 is characterized as much by the desire of the European Union through the completion of the single market and updating the Community institutions. It includes a review of institutions, new areas of expertise and the new European political cooperation. It...
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