EUROPEAN UNION LAW

European Union Law



Law of the European Union

Introduction

The European Union emerged from the European coal and steel community after World War II, in 1950, by France, Italy, Germany, Netherlands, France & Luxembourg, for the revival of industries in their region, which were in staggering stage. On the practical side of theory, they had a vision that, this economic collaboration would bring an end to regions centuries' earlier history of internal disagreements. For this reason, European Economic Community, also known as Common market, created through treaty of Rome.

The Sources of Primary Law

Primary sources or primary law mainly concern with the establishment of the Treaties of the European Union. These treaties set out the division of competence between the Union and the states members who are the basis of the power of European institutions. Thus, establishing the legal framework in which EU institutions apply European policies. In addition, the primary law also includes:

Treaties by amending the EU;

Protocols annexed to the founding Treaties and amended;

Treaties of Accession of the EU Member States.

Discussion

The inevitable starting point for the analysis of what Haber defines can only be the "restyling" of the values ??and objectives in the Treaty of Lisbon. The values ??(Article 3) include human dignity, freedom, democracy, equality and non discrimination and solidarity and equality between men and women. The art 2 emphasizes the art I-3 Const. (Treaty establishing a Constitution for Europe), but with some significant additions and especially for what concerns us subtractions. The most significant change relates to this purpose, the replacement of art I-3, paragraph 2 of the Constitutional Treaty, which states:

"The Union shall offer its citizens an area of ??freedom, security and justice without internal borders and a single market where competition is free and undistorted",

Furthermore, "The Union shall offer its citizens an area of ??freedom, security and justice without internal frontiers in which it is guaranteed the free movement of persons in conjunction with appropriate measures for control of external borders, asylum, immigration prevention and combating of crime (art.2, para 2 TEU Lisbon). Therefore, with respect to the objectives (and not defined as such by the title of the standard), along with the term offer "single market", now the previous lack of connotation "in which competition is free and undistorted ". This suppression may have some relevance to guide the Court in rebalancing of the hierarchy between the beginning of a different nature, which now also has a firm and clear endorsement of the Charter of Fundamental Rights European Union. This has been proclaims in Preamble solemnly indivisibility of rights provided and protected.

The “quarrel” over the alleged “constitutionalization” of the market's rules and competition in the text has rejected in two referendums of 2005. It was rather uncertain and fragmented social regulation of inspiration which have reached the symbolic equation within a single 'higher law”. With those provisions of an economic and functional whose primacy (also in light of the jurisprudence of the Court, with the exception of that later) function is, to date, ...