Looking at the character of the legal system it can be recognised that there are elements of many different legal systems, for instance state, federation, international organisation. Especially from the Treaty of Maastricht in 1992 on there are is a tendence towards a closer unification visible, as the establishment of the European Union and the current debate about a constitution show.
The extent to which the examination of the legal character takes place is, due to the length of the essay and the large number of features of the legal system, a brief one, which can naturally not take in account all the possible arguments.
It looks at 8 categories, which can give good evidence to solve the question of the legal character of the EU.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Categories
- Competence
- Decision-Making
- Division of power
- Federal elements
- Democracy
- Human rights
- Constitution
- Budget
- Conclusion
- The EU as an international organisation
- The EU as a state
- The special character of the legal system of the EU
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to examine the character of the legal system of the European Union, exploring the various elements it draws from different legal systems, such as states, federations, and international organizations. The author focuses particularly on the development of the EU toward greater unification, particularly after the Treaty of Maastricht in 1992.
- Competence and the principle of specific conferment of powers
- Decision-making processes and the roles of the Council, Commission, and European Parliament
- Division of powers within the EU, including the role of the ECJ
- Federal elements of the EU, such as the principle of supremacy of EU law
- The EU's legal character in comparison to states and international organizations
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: The chapter introduces the concept of examining the legal system of the EU by looking at its various elements, highlighting the trend towards unification after the Treaty of Maastricht. The essay focuses on 8 categories to analyze the legal character of the EU.
- Categories: Competence: This section examines the EU's competence, which is derived solely from the Treaties. It discusses the principle of specific conferment of powers, the lack of a 'competence de la competence', and the EU's obligation to respect the rule of law, subsidiarity, and specific types of action. It also highlights the broad scope of the EU's competence compared to international organizations.
- Categories: Decision-Making: This chapter focuses on the decision-making processes within the EU, particularly the role of the Council, where member states express their will. It explores the unanimity principle, which allows states to block decisions or enforce concessions. The chapter contrasts this with decision-making in states, where legislative organs should express the interests of the state as a whole. The roles of the Commission, the European Parliament, and the Economic and Social Council in representing community interests are also discussed.
- Categories: Division of power: This section examines the division of powers within the EU, which differs from the traditional model. It describes the legislative functions performed by the Council, Commission, and European Parliament, highlighting the lack of a clear distinction between legislative and executive functions. It also emphasizes the role of the ECJ in safeguarding the law and developing EU law.
- Categories: Federal elements: This chapter explores the federal elements of the EU, noting the principle of supremacy of EU law and its implications for national law. It discusses the ability of individuals to invoke Community law in national courts and the direct application of Community law by national courts and authorities. The chapter also considers the role of the Council as a representative of different parts of Europe and the lack of effective means of coercion against member states that resist EU law.
Schlüsselwörter (Keywords)
The main keywords and focus topics of this essay include: European Union, legal system, Treaty of Maastricht, competence, decision-making, division of powers, federal elements, international organization, state, supremacy of EU law, ECJ, Commission, European Parliament, Council.
- Citation du texte
- Georg Schwedt (Auteur), 2002, The special legal character of the EU , Munich, GRIN Verlag, https://www.grin.com/document/54542
