Law of the EU
David Sehnálek
Information on subject
• Lectures every two weeks
• Completion of the subject:
– seminar paper presented orally on last lecture
– Topic: Your country and the EU (from the legal point of
view - case-law, treaties, trade relations etc.)
– written colloquium (multiple-choice test)
• Literature:
– Any at your convenience
– Some of the English textbooks are available at the library
• Trevor Hartley: The Foundations of European Union Law
– Wikipedia
– Official web sites of the EU
Introduction – what is the “law”?
• The term is usually understood as “national law”
or a “domestic law”
• What does the theory of law say about the term
“law”?
• The law is therefore a normative system and not
the only one, can you mention some other NS?
• What makes law different?
• What is the general purpose of law?
• Who creates the law?
• To whom does the law apply?
Law - summary
• According to the theory of law the law is a
system of rules created by a state or its
institutions and enforced by it
• The key characteristic of law therefore is its
enforceability!
• Who does enforce the law? – only the
respective state
• Generally every state has its own law
• This state law has a territorial character
Law is not only a domestic law…
• Relations among states must be regulated as
well which brings us to  international public
law
• International public law is often confused with
international private law - what is the
difference?
• The third known system of law is European
Union (formerly Community) law
Structure of a domestic law
• Vertical structure:
– Law is not a system of norms of equal level
– Legal order has a hierarchic structure
– There are several levels of legal norms according to
their legal force
– What is the hierarchical structure of your legal order?
• Horizontal structure:
– Private vs. public law
– Name the basic legal disciplines according to this
division!
Principle of subordination
• What character does have the relation among
individuals?
• What character does have the relation
between an individual and a state (from the
legal point of view)?
• And what about the state and domestic law –
what is its position?
• Who is an individual?
International public law
• Relations among states are regulated by law
as well
• States together constitute the international
community
• National law cannot apply to the IC! – why?
• Who enforces the IPL? And who is the
addressee of the IPL?
• What is the relation between the IPL and DL?
Art. 1 and 10 of the Czech Constitution
• The Czech Republic shall observe its
obligations under international law.
• Promulgated international agreements, the
ratification of which has been approved by the
Parliament and which are binding on the
Czech Republic, shall constitute a part of the
legal order; should an international agreement
make provision contrary to a law, the
international agreement shall be applied.
Scope and purpose of IPL
• Deals with:
– What the state is
– the acquisition of territory
– state immunity
– legal responsibility of states
– Relations among states
– International agreements and conventions
– Individuals and their treatment within states
– War conditions
– Global environment
Sources and Structure of the IPL
• Unlike the domestic law the IPL is horizontal in
its structure
• Sources:
– International treaties
– Customs
– General principles of law
International organization
• A forum where states can meet and negotiate
• A mean of permanent (continuous)
cooperation but not integration
European Union Law
• Unique system of law
• EU is not intergovernmental but supranational
organization.