EU Law EGO402 EU Law and European System of HR Protection Hubert Smekal (hsmekal@fss.muni.cz) 4 October 2016 ECHR ECHR – Prot. 1 ARTICLE 9 Freedom of thought, conscience and religion 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. http://upload.wikimedia.org/wikipedia/commons/3/37/Joseph_H._H._Weiler_-_The_State_of_the_Union_201 3.jpg Jaqen, flickr EU Law •Primary law –Treaties (IL) •Secondary law –Directives –Regulations –Decisions –Opinions –Recommendations A court in a SN organization •infringement proceedings (enforcing the law) •actions for annulment (annulling EU legal acts) • •actions for failure to act (ensuring the EU takes action) • •preliminary rulings (interpreting the law) • •actions for damages (sanctioning EU institutions) Court of Justice •Direct effect – Van Gend en Loos •Supremacy – Costa v ENEL •Competences Transposition of EU directives http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/transposition/index_e n.htm Compliance with EU law http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/infringements/index_e n.htm http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/infringements/index_e n.htm http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/infringements/index_e n.htm http://ec.europa.eu/internal_market/scoreboard/_docs/2014/07/infringements/2014-07-scoreboard-infri ngements_en.pdf http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/infringements/index_e n.htm http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/infringements/index_e n.htm http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/infringements/index_e n.htm http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/infringements/index_e n.htm Article 352 (ex Article 308 TEC) 1. If action by the Union should prove necessary, within the framework of the policies defined in the Treaties, to attain one of the objectives set out in the Treaties, and the Treaties have not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures. Where the measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament. 2. Using the procedure for monitoring the subsidiarity principle referred to in Article 5(3) of the Treaty on European Union, the Commission shall draw national Parliaments' attention to proposals based on this Article. 3. Measures based on this Article shall not entail harmonisation of Member States' laws or regulations in cases where the Treaties exclude such harmonisation. 4. This Article cannot serve as a basis for attaining objectives pertaining to the common foreign and security policy and any acts adopted pursuant to this Article shall respect the limits set out in Article 40, second paragraph, of the Treaty on European Union.