How to Find European Law – a Basic Introduction

2009 ◽  
Vol 9 (2) ◽  
pp. 89-99 ◽  

AbstractThis article by John Furlong is an updated and revised version of an article originally authored by John Furlong and Susan Doe and published in Legal Information Management 2006, 6(2) Summer 2006 and covers in some detail the basic sources for researching European Union law. It also gives some background on the growth of the European Union and its law making.

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.


2016 ◽  
Vol 17 (31) ◽  
pp. 64-76 ◽  
Author(s):  
Valentin Paul Neamt

Abstract This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a discussion on the possible convergence of the two.


2017 ◽  
Author(s):  
James Hand

Strained judicial interpretation of British discrimination law is not new;some of the leading House of Lords cases on the European Union law doctrine ofIndirect Effect have concerned discrimination law. The interpretative obligation, toread national law in line with EU law, has seen words read in and like being treatedwith like according to changing mores. However, the disability discrimination caseof EBR Attridge Law v Coleman [2010] I.C.R. 242 saw an entire sub-section beingread in by an Employment Appeal Tribunal. This article briefly reviews the Houseof Lords’ approach in earlier cases, primarily through the prism of discriminationlaw, and then asks, following more recent Employment Appeal Tribunal casesconcerning pregnancy discrimination and the protection from victimisation withinthe Equality Act 2010, whether the high-water mark for judicial re-writing has beenreached in Britain and whether compliance with European law can better be attainedin other ways.


2017 ◽  
Vol 105 ◽  
pp. 193-208
Author(s):  
Kamil Stępniak

THE PRINCIPLES OF LEGISLATION TECHNIQUE IN POLAND AND EUROPEAN UNIONThis paper is acomplex summary of problematic principles of legislation technique. European law-making has abig meaning in Polish law. These dual systems affect each other. The principles of legislative techniques in Poland are regulated by the Regulation of the Prime Minister, but not always. Sometimes they were set in abook form. The rules of legislative technique are of great importance for understanding of legislation and the entire legal system. Thanks to them the legislators know what editorial units used in individual acts. Understanding them often allows for better application of the law. European Union Law has its own standards and its own legislative rules. Correlation of Polish law with the European reveals itself even when it is necessary to transpose the EU directives. The method and quality of establishing law in the European Union somehow directly affect the rights in Poland. Therefore,  distinguish between the two legal systems and learn how to use them. This paper describes the importance of the principles of correct legislation for both the national agenda, as well as for the European law. It identifies the main concepts. It allows the reader to explore correlations principles of legislative techniques in the EU and Poland.


2020 ◽  
Vol 11 ◽  
pp. 187-205
Author(s):  
Ewa Waśniewska

Multilingualism is a constitutional principle of European Union law. This principle is manifested in the recognition of the equality of all the official languages and Member States. At the beginning of the 1950s, the European Community addressed linguistic equality issues by providing multilingualism protocols and Regulation 1/58. Access for citizens to legislation in every official language of the European Union is a phenomenon on an international scale. The institutions of the European Union establish their own language regimes and apply various practices adapted to the specifics of the functions they perform. The purpose of this article is to analyze and assess the impact of multilingualism as a constitutional principle of European Law.


2020 ◽  
Vol 9 (1) ◽  
pp. 1-27
Author(s):  
Peter Unruh

Abstract Two recent judgments of the Court of Justice of the European Union (CJEU) raise fundamental questions about the relationship between European Union Law and German religious constitutional law. This article outlines the German constitutional context for the law of labour relations within religious associations before considering those judgments in detail. The article argues that in its approach to religious occupational requirements and loyalty obligations the case law of the CJEU risks bringing about a fundamental change in German religious constitutional law. This is in breach of the terms of membership of Germany in the European Union and contrary to European law itself.


Author(s):  
Robert Schütze

This introductory chapter provides an overview of the European Union, which is based on two treaties: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The TEU contains the general provisions defining the EU, while the TFEU contains the specific provisions with regard to the EU institutions and policies. The EU Treaties are treaties whose substance is mainly made up from institutional provisions that are to provide the framework for subsequent secondary law. The policy areas in which the EU can act are thereby set out in Parts III and V of the TFEU. In order to legislate within one of these policy areas, the Union must have a legislative competence. These competences will constitute the principal legislative fountain for a particular part of European Union law. This book then analyses the creation, enforcement, and substance of European law.


Author(s):  
Sir Francis Jacobs

This chapter discusses three primary roles of comparative law in EU law. First, comparative law is used in the making and application of European law: for example, in the crafting and interpretation of European legislation and in the case law of the European Court of Justice. Second, European law has exerted a significant influence on other legal systems. A third role of comparative law relates to questions about the very nature of European law: how it is to be classified, or whether it is a novel form of ‘transnational law’. Civil and common law systems are also considered in relation to comparative law, along with the ‘components’ or ‘sources’ of European law: treaty provisions and constitutional principles, EU legislation, general principles of law, international law, and case law of the Court. The chapter concludes with an overview of the distinction between private law and public law, a comparison of EU and federal systems, and a survey of other transnational systems inspired by the European Union model.


Author(s):  
Ramón Punset Blanco

Este artículo describe las complejas relaciones entre la jurisdicción constitucional española y el Derecho europeo. Una complejidad que se explica por la oposición de dos principios finalmente contradictorios: el de supremacía constitucional y el de primacía del Derecho de la Unión Europea. En esta contienda aún no está dicha la última palabra, pero la Constitución española no puede renunciar a la supremacía sobre las normas y actos de los poderes públicos internos incluso cuando ejecutan el Derecho europeo sin que medie una reforma constitucional por el método más agravado.This article describes the complex relationship between the Spanish Constitutional Court and the European Union Law. Such complexity is rooted in the opposition of two contradictory principles: the supremacy of the Member State’s Constitution and the primacy of European Law. The last word has not been said in this controversy. But the Spanish Constitution can not give up its supremacy, nor even when the Member State’s governmental institutions implement European Law, without previously amending it by means of the most rigid amendment procedure.


2001 ◽  
Vol 29 (1) ◽  
pp. 25-74 ◽  
Author(s):  
Suzanne Thorpe

Denmark, Norway, and Sweden are among the most technologically advanced countries in the world. It is not surprising, therefore, to find sophisticated online systems offering extensive access to legal information in each country. This article briefly traces the development of online legal information in Denmark, Norway, and Sweden. In addition, it provides a country by country overview of the legal databases and online guides to electronic legal resources that are currently available. Most of the databases discussed can be accessed, wholly or in part, without charge via the Internet. A few are restricted to paid subscribers or are available only on CD-ROM. It should be noted that, while Denmark and Sweden are members of the European Union, this article does not cover the databases in either country specifically devoted to European Union law.


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