Adobe Systems Obsah obrázku Výrazná modrá, hvězda JUDr. Malachta, KMEP 1 European Law Czech Law in Global Context JUDr. Radovan Malachta, Ph.D. 11/08/2024 Adobe Systems JUDr. Malachta, KMEP 2 Why European Law? ̶Czech Republic is a member of the EU ̶Since when? ̶27 members ̶bound by the law that EU creates ̶a direct influence on various aspects of our daily lives ̶Examples? Obsah obrázku mapa, text, atlas Adobe Systems JUDr. Malachta, KMEP 3 How EU Law Affects Our Everyday Life Pet lahve už jenom s víčky „na pevno“! Od července je to povinnost! | Aktuálně | Hitrádio Orion GDPR – ASYS IJD, spol. s r.o. Nabíjecí a datový kabel USB-A 2.0 / USB-C 2.0, 1,5 m, bílý | EMOS Greens Laud New EU ICE Ban, But Manufacturers Demand Fast Charger Action Obsah obrázku text, oblečení, móda Popis byl vytvořen automaticky Adobe Systems JUDr. Malachta, KMEP 4 NATIONAL LAW CZECH REPUBLIC EU LAW INTERNATIONAL LAW Adobe Systems JUDr. Malachta, KMEP 5 The Nature/Essence of the EU ̶EU is a supranational organization ̶superior, „above“ the Member States ̶Member States VOLUNTARILY TRANSFERRED CERTAIN POWERS TO THE EU IN SPECIFIC AREAS ̶EU exercise authority on their behalf in certain areas/fields – EU can create laws and rules ̶EU does not have authority in some areas – EU are free to set their own laws and rules Adobe Systems JUDr. Malachta, KMEP 6 The Nature/Essence of the EU customs union competion rules agriculture enviroment transport industry culture education tourism European Union voluntary transfer of powers to the EU Member States Etc. Adobe Systems JUDr. Malachta, KMEP 7 The Nature/Essence of the EU II ̶inequality among Member States ̶MS are not equal to each other ̶the decision-making bodies of the EU ̶European Parliament ̶Council of the European Union ̶based on the population size of each state European Union MS MS MS MS Adobe Systems JUDr. Malachta, KMEP 8 Adobe Systems JUDr. Malachta, KMEP 9 Adobe Systems JUDr. Malachta, KMEP 10 How EU Legal Acts (Secondary Law) are adopted in the EU? ̶ordinary legislative procedure ̶European Commission: proposes a legal act ̶European Parliament and Council of the EU: share decision-making authority ̶European Parliament: a simple majority ̶Council of the EU: a qualified majority – at least 55 % of MS vote in favour (15 out of 27) + these votes must also represent at least 65 % of the EU´s population ̶special legislative procedure ̶European Commission: proposes a legal act ̶Council of the EU: adopts by a unanimous decision (all votes are in favour) ̶European Parliament: may be consulted but does not participate ̶primary EU Law: all Member States agree Adobe Systems JUDr. Malachta, KMEP 11 EU Law Adobe Systems JUDr. Malachta, KMEP 12 Primary Law (at present) ̶Form of international treaties – concluding between states ̶Foundational Treaties (founding) ̶Treaty on European Union (TEU) ̶Treaty on the Functioning of the European Union (TFEU) ̶Charter of Funfamental Rights of the European Union ̶„Amendment“ Treaties ̶Amsterdam Treaty ̶Nice Treaty ̶Lisbon Treaty ̶Budgetary Treaties ̶Accession Treaties ̶with a new MS Adobe Systems JUDr. Malachta, KMEP 13 Primary Law ̶legal basis of the EU and its functioning, fundamental rules on which the EU is based ̶internatinal treaties ̶Treaty on European Union (TEU) ̶55 articles ̶defines the values and objectives of the EU, democratic principles, membership conditions (accession, withdrawal) ̶general provisions on the EU´s external activities, common foreign and security policy ̶other matters (EU institutions, enhanced cooperation, etc.) ̶Treaty on the Functioning of the European Union (TFEU) ̶358 articles ̶sets out principles (EU competencies), internal policies and actions, association with overseas territories, external actions of the EU, institutional and financial provisions (EU institutions, budget) ̶Charter of Fundamental Rights of the EU ̶protection of fundamental human rights and freedoms where EU law is applied Adobe Systems JUDr. Malachta, KMEP 14 Secondary Law ̶is issued on the basis of primary law Adobe Systems JUDr. Malachta, KMEP 15 Adobe Systems JUDr. Malachta, KMEP 16 Adobe Systems JUDr. Malachta, KMEP 17 REGULATION Regulation vs. Directive DIRECTIVE ̶unification ̶it binds MS, individuals ̶directly applicable ̶ ̶ individuals ̶harmonization ̶it binds MS ̶it is not directly applicable Regulation Directive National Law individuals implementation a deadline for transposition Adobe Systems JUDr. Malachta, KMEP 18 Regulation „A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.“ - unification (standardization) of EU law = the need for a uniform approach - general scope = applicable across the entire Union - binding in full = applicable to both member states and individuals, as well as EU institutions - an individual can invoke the protection of their individual rights before the national courts of member states - this typically applies where there are exclusive competences. - it is not implemented into national law (e.g., into legislation) – the regulation applies directly Adobe Systems JUDr. Malachta, KMEP 19 Directive „A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.“ -addressed exclusively to member states – they must implement it into national law -transposition, implementation - a deadline is set for this (both transposition and implementation deadlines) -harmonization (approximation) of national legal frameworks -sets the result to be achieved (framework, principles, standards) -the method of implementation (in the form of legal provisions) – MS -this typically applies where there are shared competences, but also in areas of exclusive competence -failure to implement properly and on time – violation of obligations by MS Adobe Systems JUDr. Malachta, KMEP 20 Decision ̶similar effects to the Regulation ̶sometimes addressed only to certain entities (MS, EU institutions) Recommendations and Opinions ̶no binding force „A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.“ Adobe Systems JUDr. Malachta, KMEP 21 Categories and Areas of Union Competence Adobe Systems JUDr. Malachta, KMEP 22 Exclusive competence ̶only the Union may legislate and adopt legally binding acts ̶the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union act (a)customs union; (b)the establishing of the competition rules necessary for the functioning of the internal market; (c)monetary policy for the Member States whose currency is the euro; (d)the conservation of marine biological resources under the common fisheries policy; (e)common commercial policy Adobe Systems JUDr. Malachta, KMEP 23 Shared competence ̶shared competence between the Union and the Member States ̶both can adopt legal acts, with the primacy of EU law (MS can act where the EU does not wish to or has ceased to exercise its competence) (a)internal market; (b)social policy, for the aspects defined in this Treaty; (c)economic, social and territorial cohesion; (d)agriculture and fisheries, excluding the conservation of marine biological resources; (e)environment; (f)consumer protection; (g)transport; (h)trans-European networks; (i)energy; (j)area of freedom, security and justice; (k)common safety concerns in public health matters, for the aspects defined in this Treaty Adobe Systems JUDr. Malachta, KMEP 24 Support competence ̶to carry out actions to support, coordinate or supplement the actions of the Member States ̶not binding acts (a)protection and improvement of human health; (b)industry; (c)culture; (d)tourism; (e)education, vocational training, youth and sport; (f)civil protection; (g)administrative cooperation Adobe Systems JUDr. Malachta, KMEP 25 EU Citizenship Adobe Systems JUDr. Malachta, KMEP 26 EU Citizenship ̶was formalized with the Maastrich Treaty in 1992 ̶a status conferred upon every individual who holds the nationality of a MS ̶is additional to and not replace national citizenship ̶EU citizens enjoy several rights and privileges – no obligations ̶ Adobe Systems JUDr. Malachta, KMEP 27 Adobe Systems JUDr. Malachta, KMEP 28 Citizenship 1.Do you have EU citizenship? How did you acquire it? 2.You are a citizen of the Czech Republic. You move to France and have been living in the French city of Lyon for the third year. Could you be elected in Lyon's municipal elections and become a representative of the city? 3.You enjoy unconventional vacations and decide, as a citizen of the Czech Republic, to go on holiday to Benin (Africa), where you get arrested or lose your travel documents. You want help, but unfortunately, the Czech diplomatic mission is not in Benin; it's in Nigeria. However, you cannot get to Nigeria, especially without any documents. You find out that there is a French embassy in Benin. Can you seek its assistance? 4.As an EU citizen, you can move freely not only within EU member states but also in non-member states solely due to your EU citizenship. Is this statement true? 5.Can you contact the European Commission with an inquiry in Czech? Adobe Systems JUDr. Malachta, KMEP 29 Right to move and reside freely within the territory of the MS ̶DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States Adobe Systems JUDr. Malachta, KMEP 30 Three types of residence ̶based on the length of stay in another MS Adobe Systems JUDr. Malachta, KMEP 31 Short-term residence ̶EU citizens - without any conditions or any formalities other than the requirement to hold a valid identity card or passport ̶for stays of up to 90 days ̶usually applies to tourists or individuals on short business trips ̶it also applies to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen Adobe Systems JUDr. Malachta, KMEP 32 Temporary residence ̶applies to stays that exceed 90 days ̶is necessary to meet one of the three conditions 1) be workers or self-employes person in the host MS; or 2) have sufficient resources for themselves and their family members (not to become a burden on the social assistance system of the host MS) + have comprehensive sickness insurance cover in the host MS 3) students under the conditions set out in the Directive ̶it also applies to family members accompanying or joining a EU citizen who satisfies the conditions referred to in points 1, 2 or 3 Adobe Systems JUDr. Malachta, KMEP 33 Permanent residence ̶EU citizens who have resided legally for a continuous period of five years in the host MS (it also applies to family members) ̶continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year ̶enjoy full rights of residence and access to social benefits within the MS ̶shall be lost only through absence from the host Member State for a period exceeding two consecutive years Adobe Systems JUDr. Malachta, KMEP 34 Family member means ̶the spouse ̶the partner with whom the Union citizen has contracted a registered partnership ̶the direct descendants who are under the age of 21 or are dependants ̶the dependent direct relatives in the ascending line Adobe Systems JUDr. Malachta, KMEP 35 Thank EU - Women's Equality