286-633: European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development . According to its Court of Justice ,
572-527: A rapporteur ) and draft the judgment (probably with help from referendaires ). The court always deliberates and votes before the final opinion is written and published. Cases in the General Court can be appealed to the Court of Justice on points of law. While there is no formal appeal procedure from the Court of Justice, in practice its actions are subject to scrutiny by both the supreme courts of member states and
858-515: A Belgian law requiring Scotch whisky imports to have a certificate of origin was unlikely to be lawful. It discriminated against parallel importers like Mr Dassonville, who could not get certificates from authorities in France, where they bought the Scotch . This "wide test", to determine what could potentially be an unlawful restriction on trade, applies equally to actions by quasi-government bodies, such as
1144-595: A High Court , or an Employment Tribunal . In Vaassen v Beambtenfonds Mijnbedrijf the Court of Justice also held that a mining worker pension arbitration tribunal could make a reference. By contrast, and oddly, in Miles v European Schools the Court of Justice held that a Complaints Board of European Schools, set up under the international agreement, the European Schools Convention, could not refer because though it
1430-582: A Recorded Minister in Manchester . His 1835 book A Beacon to the Society of Friends insisted that the inner light was at odds with a religious belief in salvation by the atonement of Christ. This Christian controversy led to Crewdson's resignation from the Religious Society of Friends, along with 48 fellow members of Manchester Meeting and about 250 other British Quakers in 1836–1837. Some of these joined
1716-543: A derogation from equal treatment, so that men and women could be charged different car insurance rates, was unlawful. It contravened the principle of equality in CFREU 2000 articles 21 and 23, and had to be regarded as ineffective after a transition period. By contrast, in Deutsches Weintor eG v Land Rheinland-Pfalz wine producers claimed that a direction to stop marketing their brands as 'easily digestible' ( bekömmlich ) by
2002-562: A qualified majority vote , if not consensus. TEU article 16(4) and TFEU article 238(3) define this to mean at least 55 per cent of the Council members (not votes) representing 65 per cent of the population of the EU: currently this means around 74 per cent, or 260 of the 352 votes. This is critical during the legislative process. To make new legislation, TFEU article 294 defines the " ordinary legislative procedure " that applies for most EU acts. The essence
2288-453: A union of states does not "emphasise sovereignty or the separation of domestic and foreign affairs [and it] has become a highly developed system for mutual interference in each other's domestic affairs, right down to beer and sausages.". However, on defence and foreign policy issues (and, pre- Lisbon Treaty , police and judicial matters) less sovereignty is transferred, with issues being dealt with by unanimity and co-operation. Very early on in
2574-660: A " United States of Europe ", though this did not mean the UK would sever its ties to the Commonwealth . In 1950, the French Foreign Minister Robert Schuman proposed that, beginning with integration of French and German coal and steel production, there should be "an organisation open to the participation of the other countries of Europe", where "solidarity in production" would make war "not merely unthinkable, but materially impossible". The 1951 Treaty of Paris created
2860-471: A " preliminary ruling " on EU law's proper interpretation. TFEU article 267 says court "may" refer "if it considers" this "is necessary to enable it to give judgment", and "shall bring the matter before the Court" if there is no possibility for further appeal and remedy. Any "court or tribunal of a Member State" can refer. This is widely interpreted. It obviously includes bodies like the UK Supreme Court ,
3146-728: A "European" state which respects the principles of " human dignity , freedom , democracy, equality , the rule of law , and respect for human rights, including the rights of persons belonging to minorities ". Countries whose territory is wholly outside the European continent cannot therefore apply. Nor can any country without fully democratic political institutions which ensure standards of " pluralism , non-discrimination, tolerance , justice, solidarity and equality between women and men prevail". Article 50 says any member state can withdraw in accord "with its own constitutional requirements", by negotiated "arrangements for its withdrawal, taking account of
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#17330844697773432-606: A Belgian law requiring all margarine to be in cube shaped packages infringed article 34, and was not justified by the pursuit of consumer protection. The argument that Belgians would believe it was butter if it was not cube shaped was disproportionate: it would "considerably exceed the requirements of the object in view" and labelling would protect consumers "just as effectively". In a 2003 case, Commission v Italy Italian law required that cocoa products that included other vegetable fats could not be labelled as "chocolate". It had to be "chocolate substitute". All Italian chocolate
3718-509: A Canadian group representing the Inuit wished to challenge a Regulation on seal products, but were not allowed. They would have to show both direct and individual concern as normal. Thus, without a treaty change, EU administrative law remains one of the most restrictive in Europe. Although access to judicial review is restricted for ordinary questions of law, the Court of Justice has gradually developed
4004-564: A Directive's deadline for implementation is not met, the member state cannot enforce conflicting laws, and a citizen may rely on the Directive in such an action (so called "vertical" direct effect). So, in Pubblico Ministero v Ratti because the Italian government had failed to implement a Directive 73/173/EEC on packaging and labelling solvents by the deadline, it was estopped from enforcing
4290-628: A Directive. So, in CIA Security v Signalson and Securitel the Court of Justice held that a business called CIA Security could defend itself from allegations by competitors that it had not complied with a Belgian decree from 1991 about alarm systems, on the basis that it had not been notified to the commission as a Directive required. Third, if a Directive gives expression to a "general principle" of EU law, it can be invoked between private non-state parties before its deadline for implementation. This follows from Kücükdeveci v Swedex GmbH & Co KG where
4576-652: A Dutch woman living in the Netherlands, but working between 3 and 14 hours a week in Germany, did not have a right to receive German child benefits, even though the wife of a man who worked full-time in Germany but was resident in Austria could. The general justifications for limiting free movement in TFEU article 45(3) are "public policy, public security or public health", and there is also a general exception in article 45(4) for "employment in
4862-604: A French trade union claimed that the French Labour Code should not exclude casual workers from counting toward the right to set up a work council that an employing entity must inform and consult. They said this contravened the Information and Consultation of Employees Directive and also CFREU article 27. The Court of Justice agreed that the French Labour Code was incompatible with the Directive, but held that article 27
5148-485: A Union law where a State law conflicted, even though the member state government could be sued, if it would impose an obligation on another citizen or corporation. These rules on " direct effect " limit the extent to which member state courts are bound to administer EU law. All actions by EU institutions can be subject to judicial review , and judged by standards of proportionality , particularly where general principles of law, or fundamental rights are engaged. The remedy for
5434-483: A block, subject to a qualified majority vote of the council to approve, and majority approval of the Parliament. The Parliament can only approve or reject the whole commission, not individual commissioners but conducts public hearings with each of them prior to its vote, which in practice often triggers changes to individual appointments or portfolios. TFEU art 248 says the president may reshuffle commissioners, though this
5720-461: A body of law which binds both their nationals and themselves" on the "basis of reciprocity". EU law would not "be overridden by domestic legal provisions, however framed... without the legal basis of the community itself being called into question". This meant any "subsequent unilateral act" of the member state inapplicable. Similarly, in Amministrazione delle Finanze dello Stato v Simmenthal SpA ,
6006-526: A candidate to have a democratic government and free-market economy together with the corresponding freedoms and institutions, and respect for the rule of law . Enlargement of the Union is also contingent upon the consent of all existing members and the candidate's adoption of the existing body of EU law, known as the acquis communautaire . The United Kingdom , which had acceded to the EU's predecessor in 1973, ceased to be an EU member state on 31 January 2020, in
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#17330844697776292-503: A charge of religious blasphemy . According to Fox's autobiography, Bennet "was the first that called us Quakers, because I bade them tremble at the word of the Lord". It is thought that Fox was referring to Isaiah 66:2 or Ezra 9:4 . Thus the name Quaker began as a way of ridiculing Fox's admonition, but became widely accepted and used by some Quakers. Quakers also described themselves using terms such as true Christianity, Saints, Children of
6578-451: A claimant where there has been a breach of the law is often monetary damages, but courts can also require specific performance or will grant an injunction, in order to ensure the law is effective as possible. Although it is generally accepted that EU law has primacy, not all EU laws give citizens standing to bring claims: that is, not all EU laws have " direct effect ". In Van Gend en Loos v Nederlandse Administratie der Belastingen it
6864-530: A company, Simmenthal SpA, claimed that a public health inspection fee under an Italian law of 1970 for importing beef from France to Italy was contrary to two Regulations from 1964 and 1968. In "accordance with the principle of the precedence of Community law", said the Court of Justice, the "directly applicable measures of the institutions" (such as the Regulations in the case) "render automatically inapplicable any conflicting provision of current national law". This
7150-430: A conflicting national law from 1963 against Mr Ratti's solvent and varnish business. A member state could "not rely, as against individuals, on its own failure to perform the obligations which the Directive entails". Second, a citizen or company can also invoke a Directive as a defence in a dispute with another citizen or company (not just a public authority) which is attempting to enforce a national law that conflicts with
7436-422: A coupon with his name and address, was entitled to claim that this violated his dignity: he was entitled not to have to go through the humiliation of proving his identity to get food. While those 'general principles' were not written down in EU law, and simply declared to exist by the court, it accords with a majority philosophical view that 'black letter' rules, or positive law , necessarily exist for reasons that
7722-674: A culture had developed where few Commissioners had 'even the slightest sense of responsibility'. This led to the creation of the European Anti-fraud Office . In 2012, it investigated the Maltese Commissioner for Health, John Dalli , who quickly resigned after allegations that he received a €60m bribe in connection with a Tobacco Products Directive . Beyond the commission, the European Central Bank has relative executive autonomy in its conduct of monetary policy for
8008-631: A dialogue within a plural and transnational judicial system. It added that it might not interpret the European Communities Act 1972 to abridge basic principles and understanding of constitutional functioning – in effect implying that it might decline to follow unreasonable Court of Justice judgments on important issues. Similarly, the German Constitutional Court in the Outright Monetary Transactions case referred
8294-459: A duty under the Treaties, both by failing to operate a scheme to pay farmers a premium to slaughter cows (to reduce dairy overproduction), and by reproducing the rules in a decree with various additions. "Regulations", held the Court of Justice, "come into force solely by virtue of their publication" and implementation could have the effect of "jeopardizing their simultaneous and uniform application in
8580-449: A formalisation of the situation. EU integration is not always symmetrical, with some states proceeding with integration ahead of hold-outs. There are several different forms of closer integration both within and outside the EU's normal framework. One mechanism is enhanced cooperation where nine or more states can use EU structures to progress in a field that not all states are willing to partake in. Some states have gained an opt-out in
8866-486: A full union characteristic of a federal state . But in Europe those stages were mixed, and it is unclear whether the " endgame " should be the same as a state. Free trade , without rights to ensure fair trade , can benefit some groups within countries (particularly big business) more than others, and disadvantages people who lack bargaining power in an expanding market, particularly workers, consumers, small business , developing industries, and communities. For this reason,
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9152-490: A good justification, Van Gend en Loos could recover the money it paid for the tariff. EU Regulations are the same as Treaty provisions in this sense, because as TFEU article 288 states, they are 'directly applicable in all Member States'. Member states come under a duty not to replicate Regulations in their own law, in order to prevent confusion. For instance, in Commission v Italy the Court of Justice held that Italy had breached
9438-450: A great people to be gathered". Following this he travelled around England, the Netherlands, and Barbados preaching and teaching with the aim of converting new adherents to his faith. The central theme of his Gospel message was that Christ has come to teach his people himself. Fox considered himself to be restoring a true, "pure" Christian church. In 1650, Fox was brought before the magistrates Gervase Bennet and Nathaniel Barton, on
9724-587: A greater or lesser extent. If an aspect is not listed in the table below, then it remains the exclusive competence of the member state. Perhaps the best known example is taxation, which remains a matter of state sovereignty. As a result of the European sovereign debt crisis , some eurozone states were given a bailout from their fellow members via the European Financial Stability Facility and European Financial Stability Mechanism (replaced by
10010-487: A meeting house in 1672 that was visited by George Fox in the same year. They were able to establish thriving communities in the Delaware Valley , although they continued to experience persecution in some areas, such as New England . The three colonies that tolerated Quakers at this time were West Jersey , Rhode Island , and Pennsylvania , where Quakers established themselves politically. In Rhode Island, 36 governors in
10296-522: A member state to leave the bloc. The procedure for a state to leave is outlined in TEU Article 50 which also makes clear that "Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements". Although it calls for a negotiated withdrawal between the seceding state and the rest of the EU, if no agreement is reached two years after the seceding state notifying of its intention to leave, it would cease to be subject to
10582-401: A monarch although political powers are exercised by elected politicians. Most republics and all the monarchies operate a parliamentary system whereby the head of state (president or monarch) has a largely ceremonial role with reserve powers . That means most power is in the hands of what is called in most of those countries the prime minister, who is accountable to the national parliament . Of
10868-403: A more open approach to standing for human rights. Human rights have also become essential in the proper interpretation and construction of all EU law. If there are two or more plausible interpretations of a rule, the one which is most consistent with human rights should be chosen. The Treaty of Lisbon 2007 made rights underpin the Court of Justice 's competence, and required the EU's accession to
11154-568: A more structured organisation, which led to separate women's meetings. Through the women's meetings, women oversaw domestic and community life, including marriage. From the beginning, Quaker women, notably Margaret Fell , played an important role in defining Quakerism. They were involved in missionary work in various ways and places. Early Quaker women missionaries included Sarah Cheevers and Katharine Evans. Others active in proselytising included Mary Penington , Mary Mollineux and Barbara Blaugdone . Quaker women published at least 220 texts during
11440-558: A national Famine Relief Committee in May 1942, encouraging a network of local famine relief committees, among the most energetic of which was the Oxford Committee for Famine Relief, Oxfam . Irving and Dorothy Stowe co-founded Greenpeace with many other environmental activists in 1971, shortly after becoming Quakers. Some Quakers in America and Britain became known for their involvement in
11726-409: A national statute. But, if a member state has failed to implement a Directive, a citizen may not be able to bring claims against other non-state parties. It must instead sue the member state itself for failure to implement the law. In sum, the Court of Justice's position on direct effect means that governments and taxpayers must bear the cost of private parties, mostly corporations, for refusing to follow
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12012-402: A new country applying from scratch. However, other studies claim internal enlargement is legally viable if, in case of a member state dissolution or secession, the resulting states are all considered successor states . There is also a European Citizens' Initiative that aims at guaranteeing the continuity of rights and obligations of the European citizens belonging to a new state arising from
12298-610: A new world rather than fighting to destroy the old", as did the American Friends Service Committee . Birmingham in England had a strong Quaker community during the war. Many British Quakers were conscripted into the Non-Combatant Corps during both world wars. After the two world wars had brought the different Quaker strands closer together, Friends from different yearly meetings – many having served together in
12584-653: A peak of 60,000 in England and Wales by 1680 (1.15% of the population of England and Wales). But the dominant discourse of Protestantism viewed the Quakers as a blasphemous challenge to social and political order, leading to official persecution in England and Wales under the Quaker Act 1662 and the Conventicle Act 1664 . This persecution of Dissenters was relaxed after the Declaration of Indulgence (1687–1688) and stopped under
12870-542: A political process known as Brexit . No other member state has withdrawn from the EU and none has been suspended, although some dependent territories or semi-autonomous areas have left . There are a number of overseas member state territories which are legally part of the EU, but have certain exemptions based on their remoteness; see Overseas Countries and Territories Association . These "outermost regions" have partial application of EU law and in some cases are outside of Schengen or
13156-500: A precondition for rights. This means the basic "worker" rights in TFEU article 45 function as a specific expression of the general rights of citizens in TFEU articles 18 to 21. According to the Court of Justice , a "worker" is anybody who is economically active, which includes everyone in an employment relationship, "under the direction of another person" for "remuneration". A job, however, need not be paid in money for someone to be protected as
13442-498: A product's content) it was outside the scope of article 34, and so did not need to be justified. Selling arrangements can be held to have an unequal effect "in fact" particularly where traders from another member state are seeking to break into the market, but there are restrictions on advertising and marketing. In Konsumentombudsmannen v De Agostini the Court of Justice reviewed Swedish bans on advertising to children under age 12, and misleading commercials for skin care products. While
13728-669: A project taken up by Jean-Jacques Rousseau , and Immanuel Kant after him. After the Napoleonic Wars and the Revolutions of 1848 in the 19th century, Victor Hugo at the International Peace Congress in 1849 envisioned a day when there would be a "United States of America and the United States of Europe face to face, reaching out for each other across the seas". World War I devastated Europe's society and economy, and
14014-580: A proposal by the European Council. The latter must take account of the results of the European elections, in which European political parties announce the name of their candidate for this post. Hence, in 2014, Juncker, the candidate of the European People's Party which won the most seats in Parliament, was proposed and elected. The remaining commissioners are appointed by agreement between the president-elect and each national government, and are then, as
14300-525: A question for preliminary ruling on whether the European Central Bank 's plan to buy Greek and other government bonds on secondary markets, despite the Treaty prohibition on buying them directly, was unlawful. In a highly unusual move, the two most senior judges dissented that the ECB's plan could be lawful, while the majority closely guided the Court of Justice on the appropriate mode of reasoning. If references are made,
14586-432: A reviewable act of an EU institution is not found compatible with the law, under article 264, it will be declared void. However, only a limited number of people can bring claims for judicial review. Under TFEU article 263(2), a member state, the Parliament, Council or Commission have automatic rights to seek judicial review. But under article 263(4) a "natural or legal person" must have a "direct and individual concern" about
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#173308446977714872-479: A state measure, (2) it provided a public service, and (3) had special powers. This could also be true if the enterprise is privatised , as it was held with a water company that was responsible for basic water provision. Fifth, national courts have a duty to interpret domestic law "as far as possible in the light of the wording and purpose of the directive". Textbooks (though not the Court itself) often called this " indirect effect ". In Marleasing SA v La Comercial SA
15158-637: A statement of faith known as the Richmond Declaration . Supported by many of the older, longstanding members in the London Yearly Meeting, Braithwaite saw the Richmond Declaration of Faith as being a bulwark against "unsound and dangerous doctrine" in times when Friends were "in a state of discipline and warfare". This statement of faith was agreed to by 95 of the representatives at a meeting of Five Years Meeting Friends, but unexpectedly
15444-643: A striking victory, inaugurated a series of peaceful anti-communist revolutions in Central and Eastern Europe that eventually culminated in the fall of communism. In November 1989, protestors in Berlin began taking down the Berlin Wall , which became a symbol of the collapse of the Iron Curtain , with most of Eastern Europe declaring independence and moving to hold democratic elections by 1991. The Treaty of Maastricht renamed
15730-453: A sub-set of at least member states, authorisation must be given by the council. Member state governments should be informed by the Commission at the outset before any proposals start the legislative procedure. The EU as a whole can only act within its power set out in the Treaties. TEU articles 4 and 5 state that powers remain with the member states unless they have been conferred, although there
16016-417: A template for the pro-EU regions of the UK remaining within the EU or its single market. Beyond the formal withdrawal of a member state, there are a number of independence movements such as Catalonia or Flanders which could result in a similar situation to Greenland. Were a territory of a member state to secede but wish to remain in the EU, some scholars claim it would need to reapply to join as if it were
16302-837: A variety of industries. Two notable examples were Abraham Darby I and Edward Pease . Darby and his family played an important role in the British Industrial Revolution with their innovations in ironmaking. Pease, a Darlington manufacturer, was the main promoter of the Stockton and Darlington Railway , which was the world's first public railway to use steam locomotives. Other industries with prominent Quaker businesses included banking ( Lloyds Banking Group and Barclays PLC ), pharmaceuticals ( Allen & Hanburys ), chocolate ( Cadbury and Fry's ), confectionery (Rowntree ), shoe manufacturing ( Clarks ), and biscuit manufacturing ( Huntley & Palmers ). Voltaire 's Letters on
16588-520: A worker. For example, in Steymann v Staatssecretaris van Justitie , a German man claimed the right to residence in the Netherlands, while he volunteered plumbing and household duties in the Bhagwan community, which provided for everyone's material needs irrespective of their contributions. The Court of Justice held that Mr Steymann was entitled to stay, so long as there was at least an "indirect quid pro quo" for
16874-534: Is a debate about the Kompetenz-Kompetenz question: who ultimately has the "competence" to define the EU's "competence". Many member state courts believe they decide, other member state Parliaments believe they decide, while within the EU, the Court of Justice believes it has the final say. The judiciary of the EU has played an important role in the development of EU law. It interprets the treaties , and has accelerated economic and political integration. Today
17160-472: Is alleged to violate EU law, and (3) other direct actions, where the EU or member state is involved as a party to the dispute, and gives final rulings. The Rules of Procedure of the Court of Justice, modelled on the International Court of Justice , begin with submission of written cases to the court, followed by a short oral hearing. In each case a judge is designated to actively manage the hearing (called
17446-641: Is applied by member state courts (e.g. the English Court of Appeal , the German Bundesgerichtshof , the Belgian Cour du travail , etc.). Member state courts can refer questions to the CJEU for a preliminary ruling . The CJEU's duty is to "ensure that in the interpretation and application of the Treaties the law is observed", although realistically it has the ability to expand and develop the law according to
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#173308446977717732-428: Is criticised for being not inclusive enough and having failed to establish a truly borderless space of social solidarity. In 2008, just 8 million people from 500 million EU citizens (1.7 per cent) had in fact exercised rights of free movement, the vast majority workers. According to TFEU article 20, citizenship of the EU derives from nationality of a member state. Article 21 confers general rights to free movement in
18018-429: Is misleading or aggressive, and sets out a list of examples that count as unfair. Increasingly, states have to give mutual recognition to each other's standards of regulation, while the EU has attempted to harmonise minimum ideals of best practice. The attempt to raise standards is hoped to avoid a regulatory " race to the bottom ", while allowing consumers access to goods from around the continent. Since its foundation,
18304-502: Is no defence. So, in Factortame it was irrelevant that Parliament had legislated to require a quota of British ownership of fishing vessels in primary legislation. Similarly, in was Brasserie du Pêcheur v Germany the German government was liable to a French beer company for damages from prohibiting its imports, which did not comply with the fabled beer purity law . It was not decisive that
18590-598: Is not meant to be a licence for unrestricted commercial profit. Increasingly, the Treaties and the Court of Justice aim to ensure free trade serves higher values such as public health, consumer protection, labour rights , fair competition, and environmental improvement. Free movement of goods within the European Union is achieved by a customs union , and the principle of non-discrimination. The EU manages imports from non-member states, duties between member states are prohibited, and imports circulate freely. In addition under
18876-559: Is now the Mid-India Yearly Meeting. Later it spread to Madagascar from 1867, China from 1896, Sri Lanka from 1896, and Pemba Island from 1897. After the 1860 civil conflict in Mount Lebanon and Damascus between Christians and Druze, many missionaries flocked to Ottoman Syria . These missionaries included Friends from several nations. The Friends Syrian Mission was established in 1874, which among other institutions ran
19162-419: Is open to any European country that is a stable, free-market liberal democracy that respects the rule of law and human rights. Furthermore, it has to be willing to accept all the obligations of membership, such as adopting all previously agreed law (the 170,000 pages of acquis communautaire ) and switching to the euro . For a state to join the European Union, the prior approval of all current member states
19448-503: Is required. In addition to enlargement by adding new countries, the EU can also expand by having territories of member states, which are outside the EU, integrate more closely (for example in respect to the dissolution of the Netherlands Antilles ) or by a territory of a member state which had previously seceded and then rejoined (see withdrawal below). There is no provision to expel a member state, but TEU Article 7 provides for
19734-530: Is superior to State law is subject to some debate. The treaties do not give a judgement on the matter but court judgements have established EU's law superiority over national law and it is affirmed in a declaration attached to the Treaty of Lisbon (the proposed European Constitution would have fully enshrined this). The legal systems of some states also explicitly accept the Court of Justice's interpretation, such as France and Italy, however in Poland it does not override
20020-521: Is taken against it as outlined above. However, the treaties do not provide any mechanism to expel a member state outright. Prior to the Lisbon Treaty , there was no provision or procedure within any of the Treaties of the European Union for a member state to withdraw from the European Union or its predecessor organisations. The Lisbon Treaty changed this and included the first provision and procedure of
20306-427: Is there are three readings, starting with a Commission proposal, where the Parliament must vote by a majority of all MEPs (not just those present) to block or suggest changes, and the Council must vote by qualified majority to approve changes, but by unanimity to block Commission amendment. Where the different institutions cannot agree at any stage, a " Conciliation Committee" is convened, representing MEPs, ministers and
20592-548: Is uncommon, without member state approval. A proposal that the commissioners be drawn from the elected Parliament, was not adopted in the Treaty of Lisbon , though in practice several invariable are, relinquishing their seat in order to serve. Commissioners have various privileges, such as being exempt from member state taxes (but not EU taxes), and having immunity from prosecution for doing official acts. Commissioners have sometimes been found to have abused their offices, particularly since
20878-644: The Solange I and Solange II decisions is that if the EU does not comply with its basic constitutional rights and principles (particularly democracy, the rule of law and the social state principles) then it cannot override German law. However, as the nicknames of the judgments go, "so long as" the EU works towards the democratisation of its institutions, and has a framework that protects fundamental human rights, it would not review EU legislation for compatibility with German constitutional principles. Most other member states have expressed similar reservations. This suggests
21164-656: The Act of Toleration 1689 . One modern view of Quakerism at this time was that the direct relationship with Christ was encouraged through spiritualisation of human relations, and "the redefinition of the Quakers as a holy tribe, 'the family and household of God ' ". Together with Margaret Fell , the wife of Thomas Fell , who was the vice-chancellor of the Duchy of Lancaster and an eminent judge, Fox developed new conceptions of family and community that emphasised "holy conversation": speech and behaviour that reflected piety, faith, and love. With
21450-527: The Bill of Rights to the U.S. Constitution from Rhode Island Quakers, trial by jury, equal rights for men and women, and public education. The Liberty Bell was cast by Quakers in Philadelphia , Pennsylvania. Early Quakerism tolerated boisterous behaviour that challenged conventional etiquette, but by 1700, its adherents no longer supported disruptive and unruly behaviour. During the 18th century, Quakers entered
21736-458: The Court of Justice held in Parti écologiste "Les Verts" v European Parliament that this was entirely an issue to be regulated by the member states. The Parliament's powers include calling inquiries into maladministration or appoint an Ombudsman pending any court proceedings. It can require the Commission respond to questions and by a two-thirds majority can censure the whole Commission (as happened to
22022-411: The Court of Justice of the European Union (CJEU) is the main judicial body, within which there is a higher Court of Justice that deals with cases that contain more public importance, and a General Court that deals with issues of detail but without general importance, and then a separate Court of Auditors . Under the Treaty on European Union article 19(2) there is one judge from each member state in
22308-603: The European Convention on Human Rights , overseen by the external Strasbourg Court . Initially, reflecting its primitive economic nature, the treaties made no reference to rights. However, in 1969 particularly after concern from Germany, the Court of Justice declared in Stauder v City of Ulm that 'fundamental human rights' were 'enshrined in the general principles of Community law'. This meant that Mr Stauder, who received subsidised butter under an EU welfare scheme only by showing
22594-466: The European Court of Human Rights , even if the final balance of power is unresolved. Since its founding, the EU has operated among an increasing plurality of member state and globalising legal systems. This has meant both the European Court of Justice and the supreme courts of the states have had to develop principles to resolve conflicts of laws between different systems. Within the EU itself,
22880-603: The European Free Trade Area (EFTA) and thus the European Economic Area (EEA), abiding by most EU law but without any voting rights. At the Treaty of Amsterdam , with a new Labour government, the UK joined the social chapter. A newly confident EU then sought to expand. First, the Treaty of Nice made voting weight more proportionate to population. Second, the Euro currency went into circulation in 2002. Third came
23166-541: The European Parliament had its first direct elections, reflecting a growing consensus that the EEC should be less a union of member states, and more a union of peoples. The 1986 Single European Act increased the number of treaty issues in which qualified majority voting (rather than consensus) would be used to legislate, as a way to accelerate trade integration. The Schengen Agreement of 1985 (not initially signed by Italy,
23452-766: The European Social Charter 1961 , the Universal Declaration of Human Rights 1948 , or the International Labour Organization 's Conventions. The EU itself must accede to the ECHR , although in Opinion 2/13 the Court of Justice delayed, because of perceived difficulties in retaining an appropriate balance of competences. Many of the most important rights were codified in the Charter of Fundamental Rights of
23738-517: The European Stability Mechanism from 2013), but this came with conditions. As a result of the Greek government-debt crisis , Greece accepted a large austerity plan including privatisations and a sell off of state assets in exchange for their bailout. To ensure that Greece complied with the conditions set by the European troika (ECB, IMF, Commission), a 'large-scale technical assistance' from
24024-472: The European debt crisis developed when international investment withdrew and Greece, Spain, Portugal, and Ireland saw international bond markets charge unsustainably high interest rates on government debt. Eurozone governments and staff of the European Central Bank believed that it was necessary to save their banks by taking over Greek debt, and impose " austerity " and " structural adjustment " measures on debtor states. This exacerbated further contraction in
24310-582: The German Civil Code §622 stated that the years people worked under the age of 25 would not count towards the increasing statutory notice before dismissal. Ms Kücükdeveci worked for 10 years, from age 18 to 28, for Swedex GmbH & Co KG before her dismissal. She claimed that the law not counting her years under age 25 was unlawful age discrimination under the Employment Equality Framework Directive . The Court of Justice held that
24596-619: The Great Separation of 1827, which resulted in a parallel system of Yearly Meetings in America, joined by Friends from Philadelphia, New York, Ohio, Indiana, and Baltimore. They were referred to by opponents as Hicksites and by others and sometimes themselves as Orthodox. Quakers in Britain recognised only the Orthodox Quakers and refused to correspond with the Hicksites. Isaac Crewdson was
24882-693: The Inward light . They were imprisoned in harsh conditions for five weeks and banished by the Massachusetts Bay Colony . Their books were burned, and most of their property confiscated. In 1660, English Quaker Mary Dyer was hanged near Boston Common for repeatedly defying a Puritan law banning Quakers from the colony. She was one of the four executed Quakers known as the Boston martyrs . In 1661, King Charles II forbade Massachusetts from executing anyone for professing Quakerism. In 1684, England revoked
25168-561: The London Yearly Meeting for the same reason in 1865. They formed a separate body of Friends called Fritchley General Meeting , which remained distinct and separate from London Yearly Meeting until 1968. Similar splits took place in Canada. The Yearly Meetings that supported John Wilbur's religious beliefs became known as Conservative Friends . In 1887, a Gurneyite Quaker of British descent, Joseph Bevan Braithwaite , proposed to Friends
25454-700: The May 1968 events in France and de Gaulle's resignation, the way was free for the United Kingdom, Ireland, and Denmark to join in 1973. Norway had rejected joining in a 1972 referendum , while the UK confirmed its membership in a 1975 referendum . Aside from the European Economic Community itself, the European continent underwent a profound transition towards democracy. The dictators of Greece and Portugal were deposed in 1974, and Spain's dictator died in 1975, enabling their accession in 1981 and 1986. In 1979,
25740-472: The National Council of Slovenia . All elections in member states use some form of proportional representation . The most common type of proportional representation is the party-list system . There are also differences in the level of self-governance for the sub-regions of a member state. Most states, especially the smaller ones, are unitary states ; meaning all major political power is concentrated at
26026-727: The Nobel Peace Prize . Religious strife in the Kingdom of England had existed for centuries, with proto-Protestant groups (mainly the Lollards ) popping up before the English Reformation brought radical ideas to the mainstream. During and after the English Civil War (1642–1651) many dissenting Christian groups emerged, including the Seekers and others. A young man, George Fox ,
26312-516: The Parliament , and their respective state governments through the Council in shaping the legislation the EU makes. The Commission has the right to propose new laws (the right of initiative ), the Council of the European Union represents the elected member-state governments, the Parliament is elected by European citizens, and the Court of Justice is meant to uphold the rule of law and human rights . As
26598-743: The Penn's Creek Massacre of 1755. Early colonial Quakers also established communities and meeting houses in North Carolina and Maryland, after fleeing persecution by the Anglican Church in Virginia. In a 2007 interview, author David Yount ( How the Quakers Invented America ) said that Quakers first introduced many ideas that later became mainstream, such as democracy in the Pennsylvania legislature,
26884-583: The Plymouth Brethren . Orthodox Friends became more evangelical during the 19th century and were influenced by the Second Great Awakening . This movement was led by British Quaker Joseph John Gurney . Christian Friends held Revival meetings in America and became involved in the Holiness movement of churches. Quakers such as Hannah Whitall Smith and Robert Pearsall Smith became speakers in
27170-688: The Protestant Reformation triggered a hundred years of crisis and instability. Martin Luther nailed a list of demands to the church door of Wittenberg , King Henry VIII declared a unilateral split from Rome with the Act of Supremacy 1534 , and conflicts flared across the Holy Roman Empire until the Peace of Augsburg 1555 guaranteed each principality the right to its chosen religion ( cuius regio, eius religio ). This unstable settlement unravelled in
27456-469: The Quietist period in the history of their church, becoming more inward-looking spiritually and less active in converting others. Marrying outside the Society was cause for having one's membership revoked. Numbers dwindled, dropping to 19,800 in England and Wales by 1800 (0.21% of the population), and 13,859 by 1860 (0.07% of population). The formal name "Religious Society of Friends" dates from this period and
27742-670: The Ramallah Friends School in the West Bank, which still exist today and is affiliated with the Friends United Meeting . The Swiss missionary Theophilus Waldmeier founded Brummana High School in Lebanon in 1873. Evangelical Friends Churches from Ohio Yearly Meeting sent missionaries to India in 1896, forming what is now Bundelkhand Yearly Meeting . Cleveland Friends went to Mombasa , Kenya , and started what became
28028-471: The Santer Commission in 1999). In some cases, the Parliament has explicit consultation rights, which the Commission must genuinely follow. However its participation in the legislative process still remains limited because no member can actually or pass legislation without the Commission and Council, meaning power ("kratia") is not in the hands of directly elected representatives of the people ("demos"): in
28314-485: The Santer Commission was censured by Parliament in 1999, and it eventually resigned due to corruption allegations. This resulted in one main case, Commission v Edith Cresson where the European Court of Justice held that a Commissioner giving her dentist a job, for which he was clearly unqualified, did in fact not break any law. By contrast to the ECJ's strictly legalistic approach, a Committee of Independent Experts found that
28600-619: The Schengen Agreements of 1985 and 1990 allow people to move without any passport or ID checks anywhere in the EU, but did not apply to the UK or Ireland. During the European debt crisis , the Treaty Establishing the European Stability Mechanism 2012 and the Treaty on Stability, Co-ordination and Governance 2012 (the "Fiscal Compact") were adopted only for member states who had the Euro (i.e. not Denmark, Sweden,
28886-560: The Society for Effecting the Abolition of the Slave Trade , or The Society for the Abolition of the Slave Trade, were Quakers: John Barton (1755–1789); William Dillwyn (1743–1824); George Harrison (1747–1827); Samuel Hoare Jr (1751–1825); Joseph Hooper (1732–1789); John Lloyd; Joseph Woods Sr (1738–1812); James Phillips (1745–1799); and Richard Phillips. Five of the Quakers had been amongst
29172-473: The Supreme Court of the United Kingdom noted that in R (HS2 Action Alliance Ltd) v Secretary of State for Transport , although the UK constitution is uncodified, there could be "fundamental principles" of common law, and Parliament "did not either contemplate or authorise the abrogation" of those principles when it enacted the European Communities Act 1972 . The view of the German Constitutional Court from
29458-573: The Thirty Years' War (1618–1648), killing around a quarter of the population in central Europe. The Treaty of Westphalia 1648 , which brought peace according to a system of international law inspired by Hugo Grotius , is generally acknowledged as the beginning of the nation-state system. Even then, the English Civil War broke out and only ended with the Glorious Revolution of 1688, by Parliament inviting William and Mary from Hannover to
29744-575: The Treaty of Lisbon , it was agreed to keep the system of one Commissioner from each of the member states, including the President and the High Representative for Foreign and Security Policy (currently Josep Borrell ) The Commissioner President is elected by the European Parliament by an absolute majority of its members, following the parliamentary elections every five years, on the basis of
30030-519: The Treaty of Rome , and requested a reference be made to both the Italian Constitutional Court and the Court of Justice under TFEU article 267. The Italian Constitutional Court gave an opinion that because the nationalisation law was from 1962, and the treaty was in force from 1958, Costa had no claim. By contrast, the Court of Justice held that ultimately the Treaty of Rome in no way prevented energy nationalisation, and in any case under
30316-478: The Treaty on European Union and the Treaty on the Functioning of the European Union , which have been agreed or adhered to among the governments of all 27 member states. The Treaties establish the EU's institutions, list their powers and responsibilities, and explain the areas in which the EU can legislate with Directives or Regulations . The European Commission has the right to propose new laws, formally called
30602-456: The Treaty on the Functioning of the European Union article 34, 'Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States'. In Procureur du Roi v Dassonville the Court of Justice held that this rule meant all "trading rules" that are "enacted by Member States" which could hinder trade "directly or indirectly, actually or potentially" would be caught by article 34. This meant that
30888-513: The UN Security Council resolution . In Kadi v Commission , Mr Kadi claimed there was no evidence that he was connected to terrorism, and he had not had a fair trial : a fundamental human right. The opinion of AG Maduro recalled Aharon Barak , of the Supreme Court of Israel , that it "is when the cannons roar that we especially need the laws". The Court of Justice held that even UN member cannot contravene "the principles that form part of
31174-582: The Versailles Treaty failed to establish a workable international system in the League of Nations , any European integration, and imposed punishing terms of reparation payments for the losing countries. After another economic collapse and the rise of fascism led to a Second World War, European civil society was determined to create a lasting union to guarantee world peace through economic, social and political integration. To "save succeeding generations from
31460-475: The World Trade Organization , EU law breaks down barriers to trade, by creating rights to free movement of goods, services, labour and capital . This is meant to reduce consumer prices and raise living standards. Early theorists argued a free trade area would give way to a customs union , which led to a common market , then monetary union , then union of monetary and fiscal policy, and eventually
31746-571: The established Church of England . The Quakers, especially the Valiant Sixty , sought to convert others by travelling through Britain and overseas preaching the Gospel. Some early Quaker ministers were women. They based their message on a belief that "Christ has come to teach his people himself", stressing direct relations with God through Jesus Christ and belief in the universal priesthood of all believers. This personal religious experience of Christ
32032-588: The hovrätt , since Sweden's Supreme Court ( Högsta domstol ) had to give permission for appeals to continue. The practical difficulty is that judges differ on their views of whether or not the law is clear. In a significant case, Three Rivers DC v Governor of the Bank of England the UK House of Lords felt confident that it was clear under the First Banking Directive that depositors did not have direct rights to sue
32318-412: The right of legislative initiative . During the ordinary legislative procedure , the Council (which are ministers from member state governments) and the European Parliament (elected by citizens) can make amendments and must give their consent for laws to pass. The Commission oversees departments and various agencies that execute or enforce EU law. The " European Council " (rather than the Council of
32604-436: The state's constitution , which it does in Germany. The exact areas where the member states have given legislative competence to the Union are as follows. Every area not mentioned remains with member states. In EU terminology, the term 'competence' means 'authority or responsibility to act'. The table below shows which aspects of governance are exclusively for collective action (through the commission) and which are shared to
32890-484: The " social market economy " concept was only put into EU law by the 2007 Treaty of Lisbon , free movement and trade were central to European development since the Treaty of Rome in 1957. The standard theory of comparative advantage says two countries can both benefit from trade even if one of them has a less productive economy in all respects. Like the North American Free Trade Association , or
33176-445: The "principle of conferral" says the EU can do nothing except the things which it has express authority to do. The limits of its competence are governed by the Court of Justice , and the courts and Parliaments of member states. As the European Union has grown from 6 to 27 member states, a clear procedure for accession of members is set out in TEU article 49. The European Union is only open to
33462-404: The 1650s, individual Quaker women prophesied and preached publicly, developing charismatic personae and spreading the sect. This practice was bolstered by the movement's firm concept of spiritual equality for men and women. Moreover, Quakerism initially was propelled by the nonconformist behaviours of its followers, especially women who broke from social norms. By the 1660s, the movement had gained
33748-479: The 17th century. However, some Quakers resented the power of women in the community. In the early years of Quakerism, George Fox faced resistance in developing and establishing women's meetings. As controversy increased, Fox did not fully adhere to his agenda. For example, he established the London Six Weeks Meeting in 1671 as a regulatory body, led by 35 women and 49 men. Even so, conflict culminated in
34034-596: The Bank of England for alleged failure to carry out adequate prudential regulation. Their Lordships highlighted that while some uncertainty might exist, the costs of delay in making a reference outweighed the benefits from total certainty. By contrast, in ParkingEye Ltd v Beavis , a majority of the Supreme Court apparently felt able to declare that the law under Unfair Terms in Consumer Contracts Directive
34320-760: The Bible as secondary to the individual cultivation of God's light within. With Gurneyite Quakers' shift toward Protestant principles and away from the spiritualisation of human relations, women's role as promoters of "holy conversation" started to decrease. Conversely, within the Hicksite movement the rejection of the market economy and the continuing focus on community and family bonds tended to encourage women to retain their role as powerful arbiters. Elias Hicks 's religious views were claimed to be universalist and to contradict Quakers' historical orthodox Christian beliefs and practices. Hicks' Gospel preaching and teaching precipitated
34606-455: The Court has approved residential qualifying periods. In Hendrix v Employee Insurance Institute the Court of Justice held that a Dutch national was not entitled to continue receiving incapacity benefits when he moved to Belgium, because the benefit was "closely linked to the socio-economic situation" of the Netherlands. Conversely, in Geven v Land Nordrhein-Westfalen the Court of Justice held that
34892-476: The Court of Justice , article 11, says the court is usually organised into chambers of 3 or 5 judges each. A "grand chamber" of 15 more senior judges sit on questions of "difficulty or importance", or those requested by member states. The court's president and vice-president are elected by other judges for renewable 3-year terms by secret ballot. Judges can only be dismissed if all other judges and Advocates General unanimously agree. Advocates General are appointed by
35178-435: The Court of Justice added that member state liability could also flow from judges failing to adequately implement the law. On the other hand, it is also clear that EU institutions, such as the commission, may be liable according to the same principles for failure to follow the law. The only institution whose decisions appear incapable of generating a damages claim is the Court of Justice itself. As well as preliminary rulings on
35464-440: The Court of Justice and General Court (27 on each at present). Judges should "possess the qualifications required for appointment to the highest judicial offices" (or for the General Court, the "ability required for appointment to high judicial office"). A president is elected by the judges for three years. While TEU article 19(3) says the Court of Justice is the ultimate court to interpret questions of EU law, in practice, most EU law
35750-416: The Court of Justice has said, the EU is "not merely an economic union" but is intended to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples". Democratic ideals of integration for international and European nations are as old as the modern nation state . Ancient concepts of European unity were generally undemocratic, and founded on domination, like
36036-465: The Court of Justice held that Austria did not infringe article 34 by failing to ban a protest that blocked heavy traffic passing over the A13, Brenner Autobahn , en route to Italy. Although many companies, including Mr Schmidberger's German undertaking, were prevented from trading, the Court of Justice reasoned that freedom of association is one of the 'fundamental pillars of a democratic society', against which
36322-472: The Court of Justice held that a Spanish Court had to interpret its general Civil Code provisions, on contracts lacking cause or defrauding creditors, to conform with the First Company Law Directive article 11, that required incorporations would only be nullified for a fixed list of reasons. The Court of Justice quickly acknowledged that the duty of interpretation cannot contradict plain words in
36608-412: The Court of Justice held that because Luxembourg had discretion, and its decision to reduce capacity was not inevitable, the municipality had no "direct" concern (its complaint was with the Luxembourg government instead). "Individual" concern requires that someone is affected specifically, not as a member of a group. In Plaumann & Co v Commission the Court of Justice held that a clementine importer
36894-414: The Court of Justice in the leading case, CILFIT v Ministry of Health is that a national court has no duty to refer if the law is an acte clair (a clear rule), or "so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved". In Kenny Roland Lyckeskog the Court of Justice held that the duty to refer existed for the Swedish Court of Appeal,
37180-498: The Court of Justice rejected Mr Weigel's claim that a re-registration charge upon bringing his car to Austria violated his right to free movement. Although the tax was "likely to have a negative bearing on the decision of migrant workers to exercise their right to freedom of movement", because the charge applied equally to Austrians, in absence of EU legislation on the matter it had to be regarded as justified. Third, people must receive equal treatment regarding "social advantages", although
37466-413: The Court of Justice will give a preliminary ruling, in order for the member state court to conclude the case and award a remedy. The right to an effective remedy is a general principle of EU law, enshrined in the Charter of Fundamental Rights article 47. Most of the time Regulations and Directives will set out the relevant remedies to be awarded, or they will be construed from the legislation according to
37752-436: The Court of Justice's view is that if Union law conflicts with a provision of State law, then Union law has primacy . In the first major case in 1964, Costa v ENEL , a Milanese lawyer, and former shareholder of an energy company, named Mr Costa refused to pay his electricity bill to Enel , as a protest against the Nationalization of the Italian energy corporations. He claimed the Italian nationalisation law conflicted with
38038-460: The Directive could be relied on by her because equality was also a general principle of EU law . Fourth, if the defendant is an emanation of the state, even if not central government, it can still be bound by Directives. In Foster v British Gas plc the Court of Justice held that Mrs Foster was entitled to bring a sex discrimination claim against her employer, British Gas plc , which made women retire at age 60 and men at 65, if (1) pursuant to
38324-403: The ECSC and Euratom within the EEC. Shortly after, de Gaulle boycotted the commission, which he believed was pressing supranationalism too far. The Luxembourg compromise in 1966 agreed that France (or other countries) could veto issues of "very important national interest", particularly relating to the Common Agricultural Policy , instead of making decisions by " qualified majority ". But after
38610-484: The EEC as the " European Union ", and expanded its powers to include a social chapter , set up a European Exchange Rate Mechanism , and limit government spending. The UK initially opted out of the social provisions, and then monetary union after the 1992 sterling crisis ("Black Wednesday") where speculators bet against the British currency . Sweden, Finland and Austria joined in 1995, but Norway again chose not to do so after its 1994 referendum , instead remaining part of
38896-402: The EU VAT area—however they are legally within the EU. They all use the euro as their currency. Abbreviations have been used as a shorthand way of grouping countries by their date of accession. Additionally, other abbreviations have been used to refer to countries which had limited access to the EU labour market . According to the Copenhagen criteria , membership of the European Union
39182-419: The EU and member states, (4) did not allow the Court of Justice to decide if an issue of law was already dealt with, before the ECHR heard a case, and (5) the ECtHR was illegitimately being given power of judicial review over Common Foreign and Security Policy .}} The reasoning was regarded by a majority of commentators as thinly veiled attempt of the Court of Justice to clutch onto its own power, but it has meant
39468-403: The EU and to reside freely within limits set by legislation. This applies for citizens and their immediate family members. This triggers four main groups of rights: (1) to enter, depart and return, without undue restrictions, (2) to reside, without becoming an unreasonable burden on social assistance, (3) to vote in local and European elections, and (4) the right to equal treatment with nationals of
39754-427: The EU can legislate. In principle, the EU treaties are like any other international agreement, which will usually be interpreted according to principles codified by the Vienna Convention 1969 . It can be amended by unanimous agreement at any time, but TEU itself, in article 48, sets out an amendment procedure through proposals via the Council and a Convention of national Parliament representatives. Under TEU article 5(2),
40040-435: The EU it is not yet true that "the administration is in the hands of the many and not of the few". The second main legislative body is the Council of the European Union, which is composed of different ministers of the member states. The heads of government of member states also convene a " European Council " (a distinct body) that the TEU article 15 defines as providing the 'necessary impetus for its development and shall define
40326-454: The EU represents "a new legal order of international law ". The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union , currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements". Citizens are entitled to participate through
40612-479: The EU to accede to the ECHR, but would "not affect the Union's competences as defined in the Treaties". This was thought necessary before the Treaty of Lisbon to ensure that the EU gave adequate protection to human rights, overseen by the external European Court of Human Rights in Strasbourg . However, in Opinion 2/13 , after a request by the commission to review their plan to accede, the Court of Justice (in Luxembourg ) produced five main reasons why it felt that
40898-480: The EU's legitimacy rests on the ultimate authority of member states, its factual commitment to human rights, and the democratic will of the people. As opposed to the member states, the relation of EU law and international law is debated, particularly relating to the European Convention on Human Rights and the United Nations. All individual EU member states are party to both organisations through international treaties. The Treaty on European Union article 6(2) required
41184-446: The Empire of Alexander the Great , the Roman Empire , or the Catholic Church controlled by the Pope in Rome. In the Renaissance , medieval trade flourished in organisations like the Hanseatic League , stretching from English towns like Boston and London , to Frankfurt , Stockholm and Riga . These traders developed the lex mercatoria , spreading basic norms of good faith and fair dealing through their business. In 1517,
41470-438: The English (1733) included the spirit of commerce and religious diversity in Great Britain, with the first four letters based on the Quakers. Quakers have a long history of establishing educational institutions. Initially, Quakers had no ordained clergy , and therefore needed no seminaries for theological training. In England, Quaker schools sprang up soon after the movement emerged, with Friends School Saffron Walden being
41756-426: The European Commission and other member states was deployed to Greek government ministries. Some, including the President of the Euro Group Jean-Claude Juncker , stated that "the sovereignty of Greece will be massively limited." The situation of the bailed out countries (Greece, Portugal and Ireland) has been described as being a ward or protectorate of the EU with some such as the Netherlands calling for
42042-410: The European Parliament; prospective justices must be confirmed by the existing members. Historically, larger member states were granted an extra Commissioner. However, as the body grew, this right has been removed and each state is represented equally. The six largest states are also granted an Advocates General in the Court of Justice. Finally, the Governing Council of the European Central Bank includes
42328-444: The European Union in 2000. While the UK has opted out of direct application of the Charter, this has little practical relevance since the Charter merely reflected pre-existing principles and the Court of Justice uses the Charter to interpret all EU law. For example, in Test-Achats ASBL v Conseil des ministres , the Court of Justice held that Equal Treatment in Goods and Services Directive 2004 article 5(2), which purported to allow
42614-426: The European Union in certain aspects of government. State governments must agree unanimously in the Council for the union to adopt some policies; for others, collective decisions are made by qualified majority voting . These obligations and sharing of sovereignty within the EU (sometimes referred to as supranational ) make it unique among international organisations, as it has established its own legal order which by
42900-427: The European Union , made up of different government Ministers) is composed of the Prime Ministers or executive presidents of the member states. It appoints the Commissioners and the board of the European Central Bank . The European Court of Justice is the supreme judicial body which interprets EU law, and develops it through precedent. The Court can review the legality of the EU institutions' actions, in compliance with
43186-696: The European has become "not merely an economic union", but creates binding social rights for people to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples". The Treaty on the Functioning of the European Union articles 28 to 37 establish the principle of free movement of goods in the EU, while articles 45 to 66 require free movement of persons , services and capital. These "four freedoms" were thought to be inhibited by physical barriers (e.g. customs), technical barriers (e.g. differing laws on safety, consumer or environmental standards) and fiscal barriers (e.g. different Value Added Tax rates). Free movement and trade
43472-506: The Five Years Meeting due to a concern of what they saw as the allowance of modernism in the FYM. Some Orthodox Quakers in America disliked the move towards evangelical Christianity and saw it as a dilution of Friends' traditional orthodox Christian belief in being inwardly led by the Holy Spirit . These Friends were headed by John Wilbur , who was expelled from his yearly meeting in 1842. He and his supporters formed their own Conservative Friends Yearly Meeting. Some UK Friends broke away from
43758-425: The Friends Ambulance Unit or the American Friends Service Committee, or in other relief work – later held several Quaker World Conferences. This brought about a standing body of Friends: the Friends World Committee for Consultation . A growing desire for a more fundamentalist approach among some Friends after the First World War began a split among Five Years Meetings . In 1924, the Central Yearly Meeting of Friends
44044-537: The Friends avoid creeds and hierarchical structures . In 2017, there were an estimated 377,557 adult Quakers, 49% of them in Africa followed by 22% in North America . Some 89% of Quakers worldwide belong to evangelical and programmed branches that hold services with singing and a prepared Bible message coordinated by a pastor (with the largest Quaker group being the Evangelical Friends Church International ). Some 11% practice waiting worship or unprogrammed worship (commonly Meeting for Worship ), where
44330-442: The German Parliament had not acted willfully or negligently. It was merely necessary that there was (1) a rule intended to confer rights, (2) that a breach was sufficiently serious, and (3) there was a causal link between the breach and damage. The Court of Justice advised a breach is to be regarded as 'sufficiently serious' by weighing a range of factors, such as whether it was voluntary, or persistent. In Köbler v Republik Österreich
44616-408: The German government's arguments that the measure proportionately protected public health under TFEU article 36, because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought. This rule primarily applies to requirements about a product's content or packaging. In Walter Rau Lebensmittelwerke v De Smedt PVBA the Court of Justice found that
44902-455: The Light, and Friends of the Truth, reflecting terms used in the New Testament by members of the early Christian church. Quakerism gained a considerable following in England and Wales, not least among women. An address "To the Reader" by Mary Forster accompanied a Petition to the Parliament of England presented on 20 May 1659, expressing the opposition of over 7000 women to "the oppression of Tithes". The overall number of Quakers increased to
45188-449: The Manchester Conference in England in 1895, one thousand British Friends met to consider the future of British Quakerism, and as a result, Liberal Quaker thought gradually increased within the London Yearly Meeting. During World War I and World War II , Friends' opposition to war was put to the test. Many Friends became conscientious objectors and some formed the Friends Ambulance Unit , aiming at "co-operating with others to build up
45474-452: The Massachusetts charter , sent over a royal governor to enforce English laws in 1686 and, in 1689, passed a broad Toleration Act. Some Friends migrated to what is now the north-eastern region of the United States in the 1660s in search of economic opportunities and a more tolerant environment in which to build communities of "holy conversation". In 1665 Quakers established a meeting in Shrewsbury, New Jersey (now Monmouth County), and built
45760-558: The Midwest. Acceptance of the theory of evolution became more widespread in Yearly Meetings who moved toward liberal Christianity in the 19th and 20th centuries. However, creationism predominates within evangelical Friends Churches, particularly in East Africa and parts of the United States. In the late 19th century and early 20th century, the so-called Quaker Renaissance movement began within London Yearly Meeting. Young Friends in London Yearly Meeting at this time moved away from evangelicalism and towards liberal Christianity. This movement
46046-551: The Netherlands. After a Dutch court made a reference, the Court of Justice held that even though the Treaties did not "expressly" confer a right on citizens or companies to bring claims, they could do so. Historically, international treaties had only allowed states to have legal claims for their enforcement, but the Court of Justice proclaimed "the Community constitutes a new legal order of international law". Because article 30 clearly, unconditionally and immediately stated that no quantitative restrictions could be placed on trade, without
46332-406: The Parliament on issues which affect them. Parliament elections , take place every five years, and votes for Members of the European Parliament (MEP) in member states must be organised by proportional representation or a single transferable vote . There are 750 MEPs and their numbers are "degressively proportional" according to member state size. This means – although the council is meant to be
46618-469: The Richmond Declaration was not adopted by London Yearly Meeting because a vocal minority, including Edward Grubb , opposed it. Following the Christian revivals in the mid-19th century, Friends in Great Britain sought also to start missionary activity overseas. The first missionaries were sent to Benares ( Varanasi ), in India, in 1866. The Friends Foreign Mission Association was formed in 1868 and sent missionaries to Madhya Pradesh , India, forming what
46904-412: The States to Community, the Member States have limited their sovereign rights and have thus created a body of law which binds both their nationals and themselves...The transfer by the States from their domestic legal system to the Community legal system of the rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights. The question of whether Union law
47190-520: The Treaties sought to enable people to pursue their life goals in any country through free movement. Reflecting the economic nature of the project, the European Community originally focused upon free movement of workers: as a " factor of production ". However, from the 1970s, this focus shifted towards developing a more "social" Europe. Free movement was increasingly based on " citizenship ", so that people had rights to empower them to become economically and socially active, rather than economic activity being
47476-407: The Treaties, they do not accept that the Court of Justice has the final say on foundational constitutional questions affecting democracy and human rights. In the United Kingdom, the basic principle is that Parliament, as the sovereign expression of democratic legitimacy, can decide whether it wishes to expressly legislate against EU law. This, however, would only happen in the case of an express wish of
47762-459: The Treaties. It can also decide upon claims for breach of EU laws from member states and citizens. The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the two main sources of EU law. Representing agreements between all member states, the TEU focuses more on principles of democracy, human rights, and summarises the institutions , while the TFEU expands on all principles and fields of policy in which
48048-482: The Treaty provisions only the commission could have brought a claim, not Mr Costa. However, in principle, Mr Costa was entitled to plead that the Treaty conflicted with national law, and the court would have a duty to consider his claim to make a reference if there would be no appeal against its decision. The Court of Justice, repeating its view in Van Gend en Loos , said member states "have limited their sovereign rights, albeit within limited fields, and have thus created
48334-404: The UK eventually withdrew from the EU on 31 January 2020. Prior to 2016, no member state had voted to withdraw. However, French Algeria , Greenland and Saint-Barthélemy did cease being part of the EU (or its predecessor) in 1962, 1985, and 2012, respectively, due to status changes. The situation of Greenland being outside the EU while still subject to an EU member state had been discussed as
48620-506: The UK, Ireland, Denmark or Greece) allowed movement of people without any border checks. Meanwhile, in 1987, the Soviet Union's Mikhail Gorbachev announced policies of "transparency" and "restructuring" ( glasnost and perestroika ). This revealed the depths of corruption and waste. In April 1989, the People's Republic of Poland legalised the Solidarity organisation, which captured 99% of available parliamentary seats in June elections. These elections, in which anti-communist candidates won
48906-427: The UK, Poland, Czech Republic, Hungary, Romania or Bulgaria). This required, among other things, a pledge to balance the government budget and limit structural deficits to 0.5 per cent of GDP, with fines for non-compliance. The jurisdiction for these rules remains with the Court of Justice. The European Commission is the main executive body of the European Union . Article 17(1) of the Treaty on European Union states
49192-522: The West, the decision was made through the 1957 Treaty of Rome to launch the first European Economic Community . It shared the Assembly and Court with the Coal and Steel Community, but set up parallel bodies for the Council and Commission. Based on the Spaak Report of 1956, it sought to break down all barriers to trade in a common market for goods, services, labour and capital, and prevent distortion of competition and regulate areas of common interest like agriculture, energy and transport. A separate treaty
49478-401: The Wilkinson–Story split, in which a portion of the Quaker community left to worship independently in protest at women's meetings. After several years, this schism became largely resolved, testifying to the resistance of some within the Quaker community and to the spiritual role of women that Fox and Margaret Fell had encouraged. Particularly within the relatively prosperous Quaker communities of
49764-415: The abolitionist movement. In the early history of Colonial America , it was fairly common for Friends to own slaves, e.g. in Pennsylvania . During the early to mid-1700s, disquiet about this practice arose among Friends, best exemplified by the testimonies of Benjamin Lay , Anthony Benezet and John Woolman , and this resulted in an abolition movement among Friends. Nine of the twelve founding members of
50050-445: The accession agreement as it stood was incompatible with the treaties.{{In summary, these were it (1) undermined the CJEU's autonomy (2) allowed for a parallel dispute resolution mechanism among member states, when the treaties said the CJEU should be the sole arbiter (3) the "co-respondent" system, allowing the EU and member states to be sued together, allowed the ECtHR to illegitimately interpret EU law and allocate responsibility between
50336-400: The accession of Malta, Cyprus, Slovenia, Poland, the Czech Republic, Slovakia, Hungary, Latvia, Estonia, and Lithuania. Fourth, in 2005 a Treaty establishing a Constitution for Europe was proposed. This proposed "constitution" was largely symbolic, but was rejected by referendums in France and the Netherlands . Most of its technical provisions were inserted into the Treaty of Lisbon , without
50622-436: The advantages of a legal situation... and exposed them to a grave financial risk". Similarly in Deutsche Post v Commission the Commission demanded information on state aid given by Germany to Deutsche Post within 20 days. When both challenged this, the Commission argued that the demand for information could not be an act as there was no sanction. The Court of Justice disagreed, and held judicial review could proceed because
50908-447: The bans have remained (justifiable under article 36 or as a mandatory requirement) the Court emphasised that complete marketing bans could be disproportionate if advertising were "the only effective form of promotion enabling [a trader] to penetrate" the market. In Konsumentombudsmannen v Gourmet AB the Court suggested that a total ban for advertising alcohol on the radio, TV and in magazines could fall within article 34 where advertising
51194-404: The body representing member states – in the Parliament citizens of smaller member states have more voice than citizens in larger member states. MEPs divide, as they do in national Parliaments, along political party lines: the conservative European People's Party is currently the largest, and the Party of European Socialists leads the opposition. Parties do not receive public funds from the EU, as
51480-487: The commission is redrafting a new accession agreement. Under TEU articles 3(5), 21, 34 and 42, the EU must also respect the principles of the United Nations Charter . After the September 11 attacks on the World Trade Center in New York City , the UN Security Council adopted a resolution to freeze the assets of suspected terrorists, linked to Osama bin Laden . This included a Saudi national, Mr Kadi. Sweden froze his assets pursuant to an EU Regulation, which gave effect to
51766-409: The commission made a decision to withdraw an assurance to a Dutch cement company that it would be immune from competition law fines, for vertical agreements. The cement company challenged the decision, and the Commission argued this was not really an "act", and so could not be challenged. The Court of Justice held a challenge could be made, and it was an act, because it "deprived [the cement company] of
52052-403: The commission should "promote the general interest of the Union" while Article 17(3) adds that Commissioners should be "completely independent" and not "take instructions from any Government". Under Article 17(2), "Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise". This means that the commission has a monopoly on initiating
52338-432: The commission to try to get agreement on a joint text: if this works, it will be sent back to the Parliament and Council to approve by absolute and qualified majority. This means, legislation can be blocked by a majority in Parliament, a minority in the council, and a majority in the commission: it is harder to change EU law than for it to stay the same. A different procedure exists for budgets. For "enhanced cooperation" among
52624-530: The costs of having no trade treaty would be proportionally greater to the individual state than the remaining EU bloc. Article 7 allows member states to be suspended for a "clear risk of a serious breach" of values in article 2 (for example, democracy, equality, human rights) with a four-fifths vote of the Council of the European Union , and the consent of the Parliament . Within the treaties' framework, sub-groups of member states may make further rules that only apply to those member states who want them. For example,
52910-458: The court to give reasoned submissions on cases, especially involving new points of law. Unlike judges on the Court, they write opinions as themselves, rather than collectively, and often with a command of prose and reason, and while not binding are often followed in practice. In addition, each judge has secretaries or referendaires who research and write. Unlike the UK where judges always write their own opinions, referendaires often assist drafting
53196-524: The current position adopted by the Court of Justice, citizens have standing to make claims based on national laws that implement Directives, but not from Directives themselves. Directives do not have so called "horizontal" direct effect (i.e. between non-state parties). This view was instantly controversial, and in the early 1990s three Advocate Generals persuasively argued that Directives should create rights and duties for all citizens. The Court of Justice refused, but there are five large exceptions. First, if
53482-403: The democratic secession of a European Union member state. Each state has representation in the institutions of the European Union . Full membership gives the government of a member state a seat in the Council of the European Union and European Council . When decisions are not being taken by consensus , qualified majority voting (which requires majorities both of the number of states and of
53768-411: The directly elected lower house and require its support to stay in office—the exception being Cyprus with its presidential system. Upper houses are composed differently in different member states: it can be directly elected like the Polish senate ; indirectly elected, for example, by regional legislatures like the Federal Council of Austria ; or unelected, but representing certain interest groups like
54054-402: The eastern United States, the focus on the child and "holy conversation" gave women unusual community power, although they were largely excluded from the market economy. With the Hicksite–Orthodox split of 1827–1828, Orthodox women found their spiritual role decreased, while Hicksite women retained greater influence. Described as "natural capitalists" by the BBC , many Quakers were successful in
54340-423: The economies. In 2011 two new treaties, the European Fiscal Compact and European Stability Mechanism were signed among the nineteen Eurozone states. In 2013, Croatia entered the union. However a further crisis was triggered after the UK's Conservative government chose to hold a referendum in 2016, and campaigners for "leave" (or "Brexit") won 51.89 per cent of votes on a 72.2 per cent turnout. This referendum
54626-459: The emotive symbols of federalism or the word "constitution". In the same year, Bulgaria and Romania joined. During the subprime mortgage crisis and the financial crisis of 2007–2008 , European banks that were invested in derivatives were put under severe pressure. British, French, German, and other governments were forced to turn some banks into partially or wholly state-owned banks. Some governments instead guaranteed their banks' debts. In turn,
54912-595: The environment, press diversity, fairness in commerce, and more: the categories are not closed. In the noted case Rewe-Zentral AG v Bundesmonopol für Branntwein , the Court of Justice found that a German law requiring all spirits and liqueurs (not just imported ones) to have a minimum alcohol content of 25 per cent was contrary to TFEU article 34, because it had a greater negative effect on imports. German liqueurs were over 25 per cent alcohol, but Cassis de Dijon , which Rewe-Zentrale AG wished to import from France, only had 15 to 20 per cent alcohol. The Court of Justice rejected
55198-414: The exporters were not directly concerned, because France might decide not to limit exports, but the Court of Justice held this possibility was "entirely theoretical". A challenge could be brought. By contrast in Municipality of Differdange v Commission a municipality wanted to challenge the Commissions decision to aid steel firms which reduced production: this would probably reduce its tax collections. But
55484-416: The first European Coal and Steel Community (ECSC), signed by France, West Germany, Belgium, the Netherlands, Luxembourg and Italy, with Jean Monnet as its president. Its theory was simply that war would be impossibly costly if ownership and production of every country's economy was mixed together. It established an Assembly (now the European Parliament ) to represent the people, a Council of Ministers for
55770-411: The first 100 years were Quakers. West Jersey and Pennsylvania were established by affluent Quaker William Penn in 1676 and 1682 respectively, with Pennsylvania as an American commonwealth run under Quaker principles. William Penn signed a peace treaty with Tammany , leader of the Delaware tribe, and other treaties followed between Quakers and Native Americans. This peace endured almost a century, until
56056-402: The first half of the 20th century before the country's independence in 1963. International volunteering organisations such as Service Civil International and International Voluntary Service were founded by leading Quakers. Eric Baker , a prominent Quaker, was one of the founders of Amnesty International and of the Campaign for Nuclear Disarmament . The Quaker Edith Pye established
56342-414: The footwear firm of C. & J. Clark and the big three British confectionery makers Cadbury , Rowntree and Fry ; and philanthropic efforts, including abolition of slavery, prison reform , and social justice . In 1947, in recognition of their dedication to peace and the common good, Quakers represented by the British Friends Service Council and the American Friends Service Committee were awarded
56628-416: The former " Buy Irish " company that had government appointees. It also means states can be responsible for private actors. For instance, in Commission v France French farmer vigilantes were continually sabotaging shipments of Spanish strawberries , and even Belgian tomato imports. France was liable for these hindrances to trade because the authorities 'manifestly and persistently abstained' from preventing
56914-414: The former employee of a bankrupt Venetian firm, was therefore allowed to claim 6 million Lira from the Italian government in damages for his loss. The Court of Justice held that if a Directive would confer identifiable rights on individuals, and there is a causal link between a member state's violation of EU and a claimant's loss, damages must be paid. The fact that the incompatible law is an Act of Parliament
57200-536: The founder of the movement, George Fox , told a judge to quake "before the authority of God". The Friends are generally united by a belief in each human's ability to be guided by the inward light to "make the witness of God" known to everyone. Quakers have traditionally professed a priesthood of all believers inspired by the First Epistle of Peter . They include those with evangelical , holiness , liberal, and traditional Quaker understandings of Christianity, as well as Nontheist Quakers . To differing extents,
57486-555: The founding treaties from participating in certain policy areas. The admission of a new state the Union is limited to liberal democracies and Freedom House ranks all EU states as being totally free electoral democracies. All but 4 are ranked at the top 1.0 rating. However, the exact political system of a state is not limited, with each state having its own system based on its historical evolution. More than half of member states—16 out of 27—are parliamentary republics , while six states are constitutional monarchies , meaning they have
57772-451: The framework for its future relationship with the Union". This indicates that the EU is not entitled to demand a withdrawal, and that member states should follow constitutional procedures, for example, through Parliament or a codified constitutional document. Once article 50 is triggered, there is a two-year time limit to complete negotiations, a procedure which would leave a seceding member without any bargaining power in negotiations, because
58058-418: The free movement of goods had to be balanced, and was probably subordinate. If a member state does appeal to the article 36 justification, the measures it takes have to be applied proportionately . This means the rule must be pursue a legitimate aim and (1) be suitable to achieve the aim, (2) be necessary, so that a less restrictive measure could not achieve the same result, and (3) be reasonable in balancing
58344-446: The general political directions and priorities'. It meets each six months and its President (currently former Belgian Prime Minister Charles Michel ) is meant to 'drive forward its work', but it does not itself exercise 'legislative functions'. The Council does this: in effect this is the governments of the member states, but there will be a different minister at each meeting, depending on the topic discussed (e.g. for environmental issues,
58630-428: The governors of the national central banks (who may or may not be government appointed) of each euro area country. The larger states traditionally carry more weight in negotiations, however smaller states can be effective impartial mediators and citizens of smaller states are often appointed to sensitive top posts to avoid competition between the larger states. This, together with the disproportionate representation of
58916-415: The history of the EU, the unique state of its establishment and pooling of sovereignty was emphasised by the Court of Justice: By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from
59202-415: The host state, but for social assistance only after 3 months of residence. Member states of the European Union The European Union (EU) is a political and economic union of 27 member states that are party to the EU's founding treaties , and thereby subject to the privileges and obligations of membership. They have agreed by the treaties to share their own sovereignty through the institutions of
59488-409: The informal group of six Quakers who had pioneered the movement in 1783, when the first petition against the slave trade was presented to Parliament. As Quakers could not serve as Members of Parliament, they relied on the help of Anglican men who could, such as William Wilberforce and his brother-in-law James Stephen . By the beginning of the American Revolutionary War , few Friends owned slaves. At
59774-417: The institutions in return for representation within those institutions. This practice is often referred to as 'pooling of sovereignty'. Those institutions are then empowered to make laws and execute them at a European level. If a state fails to comply with the law of the European Union , it may be fined or have funds withdrawn. In contrast to some international organisations, the EU's style of integration as
60060-409: The interests of all the member states within the EU. In the 1950s, six core states founded the EU's predecessor European Communities ( Belgium , France , Italy , Luxembourg , the Netherlands , and West Germany ). The remaining states have acceded in subsequent enlargements . To accede, a state must fulfil the economic and political requirements known as the Copenhagen criteria , which require
60346-462: The interests of free trade with interests in article 36. Often rules apply to all goods neutrally, but may have a greater practical effect on imports than domestic products. For such "indirect" discriminatory (or "indistinctly applicable") measures the Court of Justice has developed more justifications: either those in article 36, or additional "mandatory" or "overriding" requirements such as consumer protection , improving labour standards , protecting
60632-429: The judgments in the Court of Justice. The Court's Translation Directorate will translate every final judgment into the 24 official languages of the European Union . The three main kinds of judgments the Court of Justice gives following (1) preliminary rulings, requested by the courts of member states, (2) enforcement actions, brought by the commission or Member States, against the EU, a member state, or any other party that
60918-418: The larger ones). The members of the European Parliament have been elected by universal suffrage since 1979 (before that, they were seconded from national parliaments ). The national governments appoint one member each to the European Commission , the European Court of Justice and the European Court of Auditors . Prospective Commissioners must be confirmed both by the President of the Commission and by
61204-439: The largest countries, and "qualified majorities" or consensus of the council are required to legislate. This " democratic deficit " has encouraged numerous proposals for reform, and is usually perceived as a hangover from earlier days of integration led by member states. Over time, the Parliament gradually assumed more voice: from being an unelected assembly, to its first direct elections in 1979, to having increasingly more rights in
61490-403: The law. Litigation often begins and is resolved by member state courts. They interpret and apply EU law, and award remedies of compensation and restitution (remedying loss or stripping gains), injunctions and specific performance (making somebody stop or do something). If, however, the position in EU law appears unclear, member state courts can refer questions to the Court of Justice for
61776-684: The law. Both member states and the Commission have a general legal right or "standing" ( locus standi ) to bring claims against EU institutions and other member states for breach of the treaties. From the EU's foundation, the Court of Justice also held that the Treaties allowed citizens or corporations to bring claims against EU and member state institutions for violation of the Treaties and Regulations , if they were properly interpreted as creating rights and obligations. However, under Directives , citizens or corporations were said in 1986 to not be allowed to bring claims against other non-state parties. This meant courts of member states were not bound to apply
62062-416: The legal right to revoke it. States such as France have a number of overseas territories , retained from their former empires . Quakers Quakers are people who belong to the Religious Society of Friends , a historically Protestant Christian set of denominations . Members refer to each other as Friends after John 15:14 in the Bible, and originally, others referred to them as Quakers because
62348-421: The legislative procedure, although the council or Parliament are the " de facto catalysts of many legislative initiatives". The commission's President (as of 2021 Ursula von der Leyen ) sets the agenda for its work. Decisions are taken by a simple majority vote, often through a "written procedure" of circulating the proposal and adopting it if there are no objections. In response to Ireland's initial rejection of
62634-472: The legislative process. According to the Treaty on European Union articles 9 and 10, the EU observes "the principle of equality of its citizens" and is meant to be founded on "representative democracy". In practice, equality and democracy are still in development because the elected representatives in the Parliament cannot initiate legislation against the commission's wishes, citizens of smallest countries have greater voting weight in Parliament than citizens of
62920-425: The legislative process. Citizens' rights are therefore limited compared to the democratic polities within all European member states: under TEU article 11, citizens and associations have the right to publicise their views and the right to submit an initiative that must be considered by the Commission if it has received at least one million signatures. TFEU article 227 contains a further right for citizens to petition
63206-469: The member state. In a famous case, the Belgian Football Association v Bosman , a Belgian footballer named Jean-Marc Bosman claimed that he should be able to transfer from R.F.C. de Liège to USL Dunkerque when his contract finished, regardless of whether Dunkerque could afford to pay Liège the habitual transfer fees. The Court of Justice held "the transfer rules constitute[d] an obstacle to free movement" and were unlawful unless they could be justified in
63492-424: The member states and usually "leave to the national authorities the choice of form and methods" to implement. In part this reflects that directives often create minimum standards, leaving member states to apply higher standards. For example, the Working Time Directive requires that every worker has at least 4 weeks paid holidays each year, but most member states require more than 28 days in national law. However, on
63778-426: The member states are sovereign, the union partially follows a supranational system for those functions agreed by treaty to be shared. ("Competences not conferred upon the Union in the Treaties remain with the member states"). Previously limited to European Community matters, the practice, known as the ' community method ', is currently used in many areas of policy. Combined sovereignty is delegated by each member to
64064-400: The member states' environment ministers attend and vote; for foreign affairs, the foreign ministers, etc.). The minister must have the authority to represent and bind the member states in decisions. When voting takes place it is weighted inversely to member state size, so smaller member states are not dominated by larger member states. In total there are 352 votes, but for most acts there must be
64350-493: The member states, a Commission as the executive, and a Court of Justice to interpret the law. In the East, the Soviet Union had installed dictatorial governments, controlling East Germany, and the rest of Eastern Europe. Although Stalin died in 1953 and the new general secretary Nikita Khrushchev had denounced him in 1956, Soviet tanks crushed a democratic Hungarian Revolution of 1956 , and repressed every other attempt of its people to win democracy and human rights. In
64636-455: The more urban, wealthier, Orthodox Quakers. With increasing financial success, Orthodox Quakers wanted to "make the Society a more respectable body – to transform their sect into a church – by adopting mainstream Protestant orthodoxy". Hicksites, though they held a variety of views, generally saw the market economy as corrupting, and believed Orthodox Quakers had sacrificed their orthodox Christian spirituality for material success. Hicksites viewed
64922-409: The most prominent. Quaker schools in the UK and Ireland are supported by The Friends' Schools' Council. In Australia, Friends' School, Hobart , founded in 1887, has grown into the largest Quaker school in the world. In Britain and the United States, friends have established a variety of institutions at a variety of educational levels . In Kenya, Quakers founded several primary and secondary schools in
65208-574: The most successful Friends' mission. Their Quakerism spread within Kenya and to Uganda , Tanzania , Burundi , and Rwanda . The theory of evolution as described in Charles Darwin's On the Origin of Species (1859) was opposed by many Quakers in the 19th century, particularly by older evangelical Quakers who dominated the Religious Society of Friends in Great Britain. These older Quakers were suspicious of Darwin's theory and believed that natural selection could not explain life on its own. The influential Quaker scientist Edward Newman said that
65494-409: The national level. 9 states allocate power to more local levels of government. Austria, Belgium and Germany are full federations, meaning their regions have constitutional autonomies. Denmark, Finland, France and the Netherlands are federacies , meaning some regions have autonomy but most do not. Spain and Italy have systems of devolution where regions have autonomy, but the national government retains
65780-433: The people to withdraw from the EU. It was held in R (Factortame Ltd) v Secretary of State for Transport that "whatever limitation of its sovereignty Parliament accepted when it enacted the European Communities Act 1972 was entirely voluntary" and so "it has always been clear" that UK courts have a duty "to override any rule of national law found to be in conflict with any directly enforceable rule of Community law". In 2014,
66066-405: The population they represent, but a sufficient blocking minority can veto the proposal). The Presidency of the Council of the European Union rotates among each of the member states, allowing each state six months to help direct the agenda of the EU. Similarly, each state is assigned seats in Parliament according to their population (smaller countries receiving more seats per inhabitant than
66352-406: The practices of the member state. It could also be that the government is responsible for failure to properly implement a Directive or Regulation, and must therefore pay damages. In Francovich v Italy , the Italian government had failed to set up an insurance fund for employees to claim unpaid wages if their employers had gone insolvent, as the Insolvency Protection Directive required. Francovich,
66638-447: The principles it develops consistently with democratic values. Examples of landmark, and frequently controversial judgments, include Van Gend en Loos (holding EU law to created a new legal order, and citizens could sue for treaty rights), Mangold v Helm (establishing equality as a general principle of EU law ), and Kadi v Commission (confirming international law had to conform with basic principles of EU law). Until 2016, there
66924-527: The prohibition would deter people from buying it: it would have "a considerable influence on the behaviour of consumers" that "affects the access of that product to the market ". It would require justification under article 36, or as a mandatory requirement. In contrast to product requirements or other laws that hinder market access , the Court of Justice developed a presumption that "selling arrangements" would be presumed to not fall into TFEU article 34, if they applied equally to all sellers, and affected them in
67210-575: The proper interpretation of EU law, an essential function of the Court of Justice is judicial review of the acts of the EU itself. Under Treaty on the Functioning of the European Union (TFEU) article 263(1) the Court can review the legality of any EU legislative of other "act" against the Treaties or general principles, such as those in the Charter of Fundamental Rights of the European Union . This includes legislation, and most other acts that have legal consequences for people. For example, in Société anonyme Cimenteries CBR Cementsbedrijven NV v Commission
67496-488: The provisions of the founding treaties is both legally binding and supreme on all the member states (after a landmark ruling of the ECJ in 1964 ). A founding principle of the union is subsidiarity , meaning that decisions are taken collectively if and only if they cannot realistically be taken individually. Each member country appoints to the European Commission a European commissioner . The commissioners do not represent their member state, but instead work collectively in
67782-411: The public interest, but this was unlikely. In Groener v Minister for Education the Court of Justice accepted that a requirement to speak Gaelic to teach in a Dublin design college could be justified as part of the public policy of promoting the Irish language, but only if the measure was not disproportionate. By contrast in Angonese v Cassa di Risparmio di Bolzano SpA a bank in Bolzano , Italy,
68068-450: The public service". Beyond the right of free movement to work, the EU has increasingly sought to guarantee rights of citizens, and rights simply be being a human being . But although the Court of Justice stated that 'Citizenship is destined to be the fundamental status of nationals of the Member States', political debate remains on who should have access to public services and welfare systems funded by taxation. As of now, Union citizenship
68354-414: The purpose of managing the euro . It has a six-person board appointed by the European Council , on the Council 's recommendation. The president of the council and a commissioner can sit in on ECB meetings, but do not have voting rights. While the Commission has a monopoly on initiating legislation, the European Parliament and the Council of the European Union have powers of amendment and veto during
68640-417: The regulatory act. "Direct" concern means that someone is affected by an EU act without "the interposition of an autonomous will between the decision and its effect", for instance by a national government body. In Piraiki-Patraiki v Commission , a group of Greek textile businesses, who exported cotton products to France, challenged a Commission decision allow France to limit exports. The Commission argued that
68926-424: The religious beliefs of Joseph John Gurney were known as Gurneyite yearly meetings. Many eventually collectively became the Five Years Meeting (FYM) and then the Friends United Meeting , although London Yearly Meeting , which had been strongly Gurneyite in the 19th century, did not join either of these. In 1924, the Central Yearly Meeting of Friends , a Gurneyite yearly meeting, was started by some Friends who left
69212-470: The religious movement and introduced Quaker phrases and practices to it. British Friends became involved with the Higher Life movement , with Robert Wilson from the Cockermouth meeting founding the Keswick Convention . From the 1870s it became common in Britain to have "home mission meetings" on Sunday evening with Christian hymns and a Bible-based sermon, alongside the silent meetings for worship on Sunday morning. The Quaker Yearly Meetings supporting
69498-450: The remaining republics, four operate a semi-presidential system , where competences are shared between the president and prime minister, while one republic operates a presidential system , where the president is head of both state and government. Parliamentary structure in member states varies: there are 15 unicameral national parliaments and 12 bicameral parliaments. The prime minister and government are usually directly accountable to
69784-411: The request produced "binding legal effects" since the information supplied or not could be relied upon as evidence in a final decision. By contrast, in IBM v Commission the Court of Justice held that a letter from the commission to IBM that it would sue IBM for abusing a dominant position contrary to competition was not a reviewable act, but just a preliminary statement of intent to act. In any case, if
70070-588: The restructuring of the family and household came new roles for women; Fox and Fell viewed the Quaker mother as essential to developing "holy conversation" in her children and husband. Quaker women were also responsible for the spirituality of the larger community, coming together in "meetings" that regulated marriage and domestic behaviour. The persecution of Quakers in North America began in July 1656 when English Quaker missionaries Mary Fisher and Ann Austin began preaching in Boston. They were considered heretics because of their insistence on individual obedience to
70356-755: The sabotage. Generally speaking, if a member state has laws or practices that directly discriminate against imports (or exports under TFEU article 35) then it must be justified under article 36. The justifications include public morality , policy or security, "protection of health and life of humans, animals or plants", "national treasures" of "artistic, historic or archaeological value" and "industrial and commercial property". In addition, although not clearly listed, environmental protection can justify restrictions on trade as an overriding requirement derived from TFEU article 11. More generally, it has been increasingly acknowledged that fundamental human rights should take priority over all trade rules. So, in Schmidberger v Austria
70642-418: The same manner in fact. In Keck and Mithouard two importers claimed that their prosecution under a French competition law , which prevented them selling Picon beer under wholesale price, was unlawful. The aim of the law was to prevent cut throat competition , not to hinder trade. The Court of Justice held, as "in law and in fact" it was an equally applicable "selling arrangement" (not something that alters
70928-421: The same time). Nevertheless, practically "all available research finds little impact" of "labour mobility on wages and employment of local workers". The Free Movement of Workers Regulation articles 1 to 7 set out the main provisions on equal treatment of workers. First, articles 1 to 4 generally require that workers can take up employment, conclude contracts, and not suffer discrimination compared to nationals of
71214-519: The scourge of war, which twice.. brought untold sorrow to mankind", the United Nations Charter was passed in 1945, and the Bretton Woods Conference set up a new system of integrated World Banking , finance and trade . Also, the Council of Europe , formed by the Treaty of London 1949 , adopted a European Convention on Human Rights , overseen by a new transnational court in Strasbourg in 1950. Already in 1946, Winston Churchill , who had been defeated as UK Prime Minister in 1945 , had called for
71500-431: The smaller states in terms of votes and seats in parliament, gives the smaller EU states a greater power of influence than is normally attributed to a state of their size. However most negotiations are still dominated by the larger states. This has traditionally been largely through the " Franco-German motor" but Franco-German influence has diminished slightly following the influx of new members in 2004 (see G6 ). While
71786-440: The society which made them wants: these give rise to principles, which inform the law's purpose. Moreover, the Court of Justice has clarified that its recognition of rights was 'inspired' by member states' own 'constitutional traditions', and international treaties. These include rights found in member state constitutions, bills of rights, foundational Acts of Parliament, landmark court cases, the European Convention on Human Rights ,
72072-405: The state concerned), but sanctions require only a qualified majority. The state in question would still be bound by the obligations treaties and the Council acting by majority may alter or lift such sanctions. The Treaty of Nice included a preventive mechanism whereby the council, acting by majority, may identify a potential breach and make recommendations to the state to rectify it before action
72358-512: The state food regulator (acting under EU law) contravened their right to occupational and business freedom under CFREU 2000 articles 15 and 16. The Court of Justice held that in fact, the right to health for consumers in article 35 has also to be taken into account, and was to be given greater weight, particularly given the health effects of alcohol. Some rights in the Charter , however, are not expressed with sufficient clarity to be regarded as directly binding. In AMS v Union locale des syndicats CGT
72644-400: The suspension of certain rights. Introduced in the Treaty of Amsterdam , Article 7 outlines that if a member persistently breaches the EU's founding principles (liberty, democracy, human rights and so forth, outlined in TEU Article 2 ) then the European Council can vote to suspend any rights of membership, such as voting and representation. Identifying the breach requires unanimity (excluding
72930-428: The theory was "not compatible with our notions of creation as delivered from the hands of a Creator". However, some young Friends such as John Wilhelm Rowntree and Edward Grubb supported Darwin's theories, using the doctrine of progressive revelation. In the United States, Joseph Moore taught the theory of evolution at the Quaker Earlham College as early as 1861. This made him one of the first teachers to do so in
73216-463: The throne, and passing the Bill of Rights 1689 . In 1693 William Penn , a Quaker from London who founded Pennsylvania in North America, argued that to prevent ongoing wars in Europe a "European dyet, or parliament" was needed. The French diplomat, Charles-Irénée Castel de Saint-Pierre , who worked negotiating the Treaty of Utrecht at the end of the War of Spanish Succession proposed, through " Perpetual Union ", "an everlasting peace in Europe",
73502-400: The tragic and fateful voyage of the slave ship Sally . Brown broke away from his three brothers, became an abolitionist, and converted to Christian Quakerism. During the 19th century, Quakers such as Levi Coffin and Isaac Hopper played a major role in helping enslaved people escape through the Underground Railroad . Black Quaker Paul Cuffe , a sea captain and businessman, was active in
73788-426: The treaties anyway (thus ensuring a right to unilateral withdrawal). There is no formal limit to how much time a member state can take between adopting a policy of withdrawal, and actually triggering Article 50. In a referendum in June 2016 , the United Kingdom voted to withdraw from the EU. The UK government triggered Article 50 on 29 March 2017. After an extended period of negotiation and internal political debate
74074-406: The unplanned order of service is mainly silent and may include unprepared vocal ministry from those present. Some meetings of both types have Recorded Ministers present, Friends recognised for their gift of vocal ministry. The proto- evangelical Christian movement dubbed Quakerism arose in mid-17th-century England from the Legatine-Arians and other dissenting Protestant groups breaking with
74360-421: The use of a product, this can also infringe article 34. So, in a 2009 case, Commission v Italy , the Court of Justice held that an Italian law prohibiting motorcycles or mopeds pulling trailers infringed article 34. Again, the law applied neutrally to everyone, but disproportionately affected importers, because Italian companies did not make trailers. This was not a product requirement, but the Court reasoned that
74646-444: The very community legal order". In effect the EU has developed a rule that within the boundaries of certain jus cogens principles, other courts may take primacy. The content of those core principles remains open to ongoing judicial dialogue among the senior courts in the Union. While constitutional law concerns the European Union 's governance structure, administrative law binds EU institutions and member state governments to follow
74932-439: The war's end in 1783, Yarnall family members along with fellow Meeting House Friends made a failed petition to the Continental Congress to abolish slavery in the United States . In 1790, the Society of Friends petitioned the United States Congress to abolish slavery. One example of a reversal in sentiment about slavery took place in the life of Moses Brown , one of four Rhode Island brothers who, in 1764, organized and funded
75218-419: The war, forming groups such as the Free Quakers and the Universal Friends . Later, in the 19th century, there was a diversification of theological beliefs in the Religious Society of Friends, and this led to several larger splits within the movement. The Hicksite–Orthodox split arose out of both ideological and socioeconomic tensions. Philadelphia Yearly Meeting Hicksites tended to be agrarian and poorer than
75504-459: The whole of the Union". On the other hand, some Regulations may themselves expressly require implementing measures, in which case those specific rules should be followed. While the Treaties and Regulations will have direct effect (if clear, unconditional and immediate), Directives do not generally give citizens (as opposed to the member state) standing to sue other citizens. In theory, this is because TFEU article 288 says Directives are addressed to
75790-599: The work he did. Having "worker" status means protection against all forms of discrimination by governments, and employers, in access to employment, tax, and social security rights. By contrast a citizen, who is "any person having the nationality of a Member State" (TFEU article 20(1)), has rights to seek work, vote in local and European elections, but more restricted rights to claim social security . In practice, free movement has become politically contentious as nationalist political parties have manipulated fears about immigrants taking away people's jobs and benefits (paradoxically at
76076-558: Was acte clair , and decline to make a reference, even though a senior Law Lord delivered a powerfully reasoned dissent. However, in addition to a reluctance to make references, a general scepticism has grown among senior member state judiciaries of the mode of reasoning used by the Court of Justice . The UK Supreme Court in R (HS2 Action Alliance Ltd) v Secretary of State for Transport devoted large parts of its judgment to criticism, in its view, an unpredictable 'teleological' mode of reasoning which, could decrease confidence in maintaining
76362-435: Was a "substantial adverse effect" on the claimant's interests. Here, a group of Spanish olive oil producers challenged Council Regulation No 1638/98, which withdrew subsidies. Because Regulations are not implemented in national law, but have direct effect, they argued the requirement for individual concern would deny them effective judicial protection. The Court of Justice held that direct actions were still not allowed: if this
76648-435: Was a court, it was not "of a member state" (even though all member states had signed that Convention). On the other side, courts and tribunals are theoretically under a duty to refer questions. In the UK, for example, Lord Denning MR considered it appropriate to refer if the outcome of a case depended on a correct answer, and the Civil Procedure Rules entitle the High Court to refer at any stage of proceedings. The view of
76934-430: Was acquired by direct experience and by reading and studying the Bible . Friends focused their private lives on behaviour and speech reflecting emotional purity and the light of God, with a goal of Christian perfection . A prominent theological text of the Religious Society of Friends is A Catechism and Confession of Faith (1673), published by Quaker divine Robert Barclay . The Richmond Declaration of Faith (1887)
77220-434: Was adopted by many Orthodox Friends and continues to serve as a doctrinal statement of many yearly meetings. Quakers were known to use thee as an ordinary pronoun, refuse to participate in war , wear plain dress , refuse to swear oaths , oppose slavery , and practice teetotalism . Some Quakers founded banks and financial institutions, including Barclays , Lloyds , and Friends Provident ; manufacturers including
77506-446: Was disproportionate. Second, article 7(2) requires equal treatment in respect of tax. In Finanzamt Köln Altstadt v Schumacker the Court of Justice held that it contravened TFEU art 45 to deny tax benefits (e.g. for married couples, and social insurance expense deductions) to a man who worked in Germany, but was resident in Belgium when other German residents got the benefits. By contrast in Weigel v Finanzlandesdirektion für Vorarlberg
77792-450: Was dissatisfied with the teachings of the Church of England and nonconformists . He claimed to have received a revelation that "there is one, even Christ Jesus, who can speak to thy condition", and became convinced that it was possible to have a direct experience of Christ without the aid of ordained clergy. In 1652 he had a vision on Pendle Hill in Lancashire, England, in which he believed that "the Lord let me see in what places he had
78078-423: Was expressed too generally to create direct rights. On this view, legislation was necessary to make abstract human rights principles concrete, and legally enforceable. Beyond human rights, the Court of Justice has recognised at least five further 'general principles' of EU law. The categories of general principles are not closed, and may develop according to the social expectations of people living in Europe. While
78364-444: Was held that the provisions of the Treaties (and EU Regulations ) are directly effective, if they are (1) clear and unambiguous (2) unconditional, and (3) did not require EU or national authorities to take further action to implement them. Van Gend en Loos , a postal company, claimed that what is now TFEU article 30 prevented the Dutch Customs Authorities charging tariffs, when it imported urea-formaldehyde plastics from Germany to
78650-421: Was made from cocoa butter alone, but British, Danish and Irish manufacturers used other vegetable fats. They claimed the law infringed article 34. The Court of Justice held that a low content of vegetable fat did not justify a "chocolate substitute" label. This was derogatory in the consumers' eyes. A 'neutral and objective statement' was enough to protect consumers. If member states place considerable obstacles on
78936-429: Was necessary to prevent a "corresponding denial" of Treaty "obligations undertaken unconditionally and irrevocably by member states", that could "imperil the very foundations of the" EU. But despite the views of the Court of Justice, the national courts of member states have not accepted the same analysis. Generally speaking, while all member states recognise that EU law takes primacy over national law where this agreed in
79222-400: Was not allowed to require Mr Angonese to have a bilingual certificate that could only be obtained in Bolzano. The Court of Justice, giving "horizontal" direct effect to TFEU article 45, reasoned that people from other countries would have little chance of acquiring the certificate, and because it was "impossible to submit proof of the required linguistic knowledge by any other means", the measure
79508-443: Was not individually concerned when the Commission refused permission to Germany to stop import custom duties. This kept it more expensive for Mr Plaumann to import clementines, but it was equally expensive for everyone else. This decision heavily restricted the number of people who could claim for judicial review. In Unión de Pequeños Agricultores , Advocate General Jacobs propose a broader test of allowing anyone to claim if there
79794-402: Was particularly influenced by Rowntree, Grubb, and Rufus Jones . Such Liberal Friends promoted the theory of evolution, modern biblical criticism , and the social meaning of Christ's teaching – encouraging Friends to follow the New Testament example of Christ by performing good works. These men downplayed the evangelical Quaker belief in the atonement of Christ on the Cross at Calvary . After
80080-558: Was politically inconclusive given the UK's system of Parliamentary sovereignty , with no agreement after the 2017 election, until the 2019 UK general election brought a Conservative majority with a manifesto commitment to drive through Brexit. The UK left EU membership in February 2020, with uncertain economic, territorial and social consequences. Although the European Union does not have a codified constitution , like every political body it has laws which "constitute" its basic governance structure. The EU's primary constitutional sources are
80366-457: Was probably derived from the appellations "Friends of the Light" and "Friends of the Truth". Conservative Friends (US 2K) Friends United Meeting (US 25K, world 170K) Evangelical Friends Church International (US 34K, world 200K) Beaconite Friends General Conference (US 22K, world 32K) Around the time of the American Revolutionary War , some American Quakers split from the main Society of Friends over issues such as support for
80652-462: Was signed for a European Atomic Energy Community to manage nuclear production. In 1961 the United Kingdom, Denmark, Ireland and Norway applied for membership only to be vetoed in 1963 by France's Charles de Gaulle . Spain also applied and was rejected as it was still led by the Franco dictatorship . The same year, the Court of Justice proclaimed that the Community constituted a "new legal order of international law". The Merger Treaty finally placed
80938-446: Was started by some Friends who left the Five Years Meeting. In 1926, Oregon Yearly Meeting seceded from the Five Years Meeting , bringing together several other yearly meetings and scattered monthly meetings. In 1947, the Association of Evangelical Friends was formed, with triennial meetings until 1970. In 1965, this was replaced by the Evangelical Friends Alliance, which in 1989 became Evangelical Friends Church International . In
81224-443: Was the European Union Civil Service Tribunal , which dealt with EU institutions' staff issues. The Statute of the Court and TFEU require judges are appointed only if they have no political occupation, with independence "beyond doubt". They are selected for renewable six-year terms by "common accord" of governments, with the advice of seven EU or member state judges that the Council and Parliament selects. The Rules of Procedure of
81510-438: Was the only way for sellers to overcome consumers' "traditional social practices and to local habits and customs" to buy their products, but again the national courts would decide whether it was justified under article 36 to protect public health. Under the Unfair Commercial Practices Directive , the EU harmonised restrictions on restrictions on marketing and advertising, to forbid conduct that distorts average consumer behaviour ,
81796-420: Was unsatisfactory the member states would have to change the treaties. Individual concern is not needed, however under article 263(4), if an act is not legislation, but just a "regulatory act". In Inuit Tapiriit Kanatami v Parliament and Council the Court of Justice affirmed that a Regulation does not count as a "regulatory act" within the Treaty's meaning: it is only meant for acts of lesser importance. Here,
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