Who Passes the Economic Laws of the Eu

The `freedom to provide services` within the meaning of Article 56 TFEU applies to providers of services `for consideration`, in particular to commercial or professional activities. [266] For example, in Van Binsbergen v Bestuur van de Bedrijfvereniging voor de Metaalnijverheid, a Dutch lawyer moved to Belgium while advising a client in a social security case and was told that he could not continue because, under Dutch law, only persons established in the Netherlands could provide legal advice. [267] The Court held that the freedom to provide services was applicable, had direct effect and that the rule was unlikely to be justified: an address in the Member State would suffice to pursue the legitimate objective of the sound administration of justice. [268] The Court held that secondary education does not fall within the scope of section 56 because it is normally publicly funded,[269] but higher education is not. [270] Health care is generally considered a service. In Geraets-Smits v Stichting Ziekenfonds, Ms Geraets-Smits requested that the costs of treatment in Germany be reimbursed by the Netherlands social security system. [271] Dutch health authorities deemed the treatment unnecessary and argued that it restricted (the German health clinic`s) freedom to provide services. Several Governments argued that hospital services should not be considered economical and should not be covered by article 56. But the court ruled that health was a “service” even though the government (not the recipient) had paid for the service. [272] National authorities may be entitled to refuse to reimburse patients for medical services abroad if the health care received in the country is prompt and in accordance with “international medical science,” when treatment is considered normal and necessary. [273] The Court requires that a patient`s individual circumstances justify the establishment of waiting lists, and this also applies to the U.K. National Health Service.

[274] In addition to public services, services classified as illegal are another sensitive area. Josemans v. Burgemeester van Maastricht noted that the Dutch regulation of cannabis consumption, including the prohibition of certain municipalities for tourists (but not Dutch nationals) to go to cafes[275], completely escaped Article 56. The Court held that narcotic drugs were controlled in all Member States and therefore differed from other cases in which prostitution or other quasi-legal activities were restricted. If national authorities fail to transpose EU law, the Commission can open formal infringement procedures against the country concerned. Many Irish environmental laws have their origins in the EU, including the right of access to information on environmental matters and public participation in environmental decision-making under the Aarhus Convention. The EU decides on the basis of 3 principles in which areas it can legislate: The European Union is founded on the rule of law. This means that every action of the EU is based on treaties democratically approved by its members. EU law contributes to the achievement of the objectives of the EU Treaties and to the implementation of EU policies.

There are two main types of EU law: primary law and secondary law: secondary law. The Council meets at least twice every 6 months in Brussels. It does not have the power to initiate or pass laws. Instead, it decides strategies and policies. Once an EU law has been adopted, the Council of the European Union or the European Parliament can empower the Commission to adopt two types of non-legislative acts to ensure that the legislation is correctly transposed (implementing acts) or, if necessary, updated to take account of developments in a given sector (delegated acts). While the European Economic Community originally focused on the free movement of people and the elimination of trade barriers, today more EU law concerns the regulation of the “social market economy”. [292] In 1976, in Defrenne v. Sabena, the Court of Justice stated that the objective was “not only economic union”, but “the safeguarding of social progress and the continuous improvement of the living and working conditions of their peoples”. [293] From this perspective, stakeholders in different Member States may not be able to benefit from the expansion of trade in a globalised economy. Groups with greater bargaining power can take advantage of weaker legal rights in other Member States. For example, a company could relocate its production to Member States where the minimum wage is lower in order to increase shareholder profits, even if production costs are higher and workers are paid less. This would mean a general loss of social prosperity and a “race to the bottom” in human development.

To make globalisation fair, the EU sets minimum rights for business stakeholders: consumers, workers, investors, shareholders, creditors and citizens. As each area of law is vast, EU law is designed to be subordinate to the global rules of each Member State. Member States go beyond the harmonised minimum and act as `laboratories of democracy`. [294] Although the European Union does not have a codified constitution,[27] like any political body, it has laws that “constitute” its basic governance structure. [28] The main constitutional sources of the EU are the Treaty on European Union and the Treaty on the Functioning of the European Union, which have been approved or respected by the governments of the 27 Member States. The Treaties define the EU institutions, list their powers and responsibilities and explain the areas in which the EU can legislate through directives or regulations. The European Commission has taken the initiative to propose legislation. [29] During the ordinary legislative procedure, the Council (i.e.

ministers of the governments of the Member States) and the European Parliament (elected by citizens) can make amendments and give their consent for legislation to be adopted. [30] Transatlantic data flows are crucial for the $7.1 trillion between the EU and the US.