The ABC of Community Law

Dr. Klaus-Dieter Borchardt
European Union Publications Office, 2000

ISBN 92-828-7803-1

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Table of Contents

Sections

  • Contents

Contents

Introduction: From Paris via Rome to Maastricht and Amsterdam

The Euro-Atlantic organisations The Council of Europe and the OSCE The European Union

Fundamental values of the European Union

The EU as guarantor of peace Unity and equality as the recurring theme The fundamental freedoms The principle of solidarity Respect of national identity The need for security Fundamental rights in the EU

The Constitution of the European Union

Structure of the European Union: The Three Pillars" First pillar: the European Communities Second pillar: Common foreign and security policy Third pillar: cooperation in justice and home affairs The legal character of the EC and EU 1. The legal character of the EC Van Gend & Loos Costa/ENEL 2. The legal nature of the EU 3. Distinctness from other types of political organisation The tasks of the EU The powers of the EU European Council (Article 4 EU) European Parliament (Articles 189-201 ...

The community legal order

The EU as a creation of law and a community based on law The legal sources of community law The founding Treaties as the primary source of Community law The Community legal instruments as the secondary source of Community law International agreements Association agreements Agreements that maintain special links between certain Member States and non-member countries. Agreements as preparation for accession to the Community or for the establishment of a customs union. Agreement on the Europ...

The position of community law in relation to the legal order as a whole

Autonomy of the community legal order Interaction between community law and national law Conflict between community law and national law Direct applicability of Community law Primacy of Community law

Conclusions

Table of cases

Nature and primacy of Community law Powers of the Community Effects of legal acts Fundamental rights General principles of law (selection) Legal certainty Proportionality Protection of legitimate expectations Subsidiarity principle

Appendix