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Supremacy (European Union Law)
The primacy of European Union law (sometimes referred to as supremacy or precedence of European law) is a legal principle of rule according to higher law establishing precedence of European Union law over conflicting national laws of EU member states. The principle was derived from an interpretation of the European Court of Justice, which ruled that European law has priority over any contravening national law, including the constitution of a member state itself. For the European Court of Justice, national courts and public officials must disapply a national norm that they consider not to be compliant with the EU law. The majority of national courts have generally recognized and accepted this principle, except for the part where European law outranks a member state's constitution. As a result, national constitutional courts have also reserved the right to review the conformity of EU law with national constitutional law. Some countries provide that if national and EU law contrad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule According To Higher Law
The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule according to a higher law'' may serve as a practical legal criterion to qualify the instances of political or economical decision-making, when a government, even though acting in conformity with clearly defined and properly enacted law, still produces results which many observers find unfair or unjust. Doctrine The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Canon law (Catholic Church), Catholic canon law jurists. "Higher law" can be interpreted in this context as the divine law, divine or natural law or basic legal values, established in the international law—the choice depending on the viewpoint; no matter the source, it is a law above the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Toronto Press
The University of Toronto Press is a Canadian university press. Although it was founded in 1901, the press did not actually publish any books until 1911. The press originally printed only examination books and the university calendar. Its first scholarly book was a work by a classics professor at University College, Toronto. The press took control of the university bookstore in 1933. It employed a novel typesetting method to print issues of the ''Canadian Journal of Mathematics'', founded in 1949. The press has always had close ties with University of Toronto Libraries. The press was partially located in the library from 1910-1920. The University Librarian Hugh Hornby Langton, the lead librarian of the University of Toronto Libraries, served as the first general editor of the University of Toronto Press. Sidney Earle Smith, president of the University of Toronto in the late 1940s and 1950s, instituted a new governance arrangement for the press modelled on the governing structur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Commission
The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informally known as "commissioners") corresponding to two thirds of the number of Member state of the European Union, member states, unless the European Council, acting unanimously, decides to alter this number. The current number of commissioners is 27, including the president. It includes an administrative body of about 32,000 European civil servants. The commission is divided into departments known as Directorate-General, Directorates-General (DGs) that can be likened to departments or Ministry (government department), ministries each headed by a director-general who is responsible to a commissioner. Currently, there is one member per European Union member state, member state, but members are bound by their oath of office to represent the genera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of The European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and less formally known as the Council of Ministers, is the third of the seven institutions of the European Union (EU) as listed in the Treaty on European Union. It is one of two legislative bodies and together with the European Parliament serves to amend and approve, or veto, the proposals of the European Commission, which holds the right of initiative. The Council of the European Union and the European Council are the only EU institutions that are explicitly intergovernmental, that is, forums whose attendees express and represent the position of their Member State's executive, be they ambassadors, ministers or heads of state/government. The Council meets in 10 different configurations of national ministers (one per state). The precise membership of these configurations varies according to the topic under consideration; for example, when discussin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Parliament
The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts European legislation, following a proposal by the European Commission. The Parliament is composed of 720 members (MEPs), after the June 2024 European elections, from a previous 705 MEPs. It represents the second-largest democratic electorate in the world (after the Parliament of India), with an electorate of around 375 million eligible voters in 2024. Since 1979, the Parliament has been directly elected every five years by the citizens of the European Union through universal suffrage. Voter turnout in parliamentary elections decreased each time after 1979 until 2019, when voter turnout increased by eight percentage points, and rose above 50% for the first time since 1994. The voting age is 18 in all EU member states e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Basic Law For The Federal Republic Of Germany
The Basic Law for the Federal Republic of Germany () is the constitution of the Germany, Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (, ) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application ()—that is, the states that were initially included in the West Germany, Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Treaty on the Final Settlement with Respect to Germany, Two Plus Four Agreement between the two parts of Germany and all four Allies stipulated the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Constitutional Court
The Federal Constitutional Court ( ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice. The main task of the Federal Constitutional Court is judicial review, and it may declare legislation unconstitutional, thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law), and does not serve as a regular appellate court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solange I
''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel'' (1970) Case 11/70 is an EU law case and German constitutional law case concerning the conflict of law between a national legal system and the laws of the European Union. Facts The Common Agricultural Policy permitted exports only by exporters who obtained an export licence, on a deposit of money, that could be forfeited if they failed to make the export during the licence’s validity period. The Internationale Handelsgesellschaft mbH claimed that the licensing system was a disproportionate violation of their right to conduct a business under the German constitution (''Grundgesetz''), because it did more than was necessary to achieve the public objective at hand. The German Administrative Court (''Verwaltungsgericht'') made a reference to the ECJ. Judgment European Court of Justice The ECJ held that the validity of EU measures cannot be challenged on grounds of national law r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a 1971 decision of the Constitutional Council. The current Constitution regards the separation of church and state, democracy, social welfare, and indivisibility as core principles of the French state. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then, the constitution has been amended twenty-five times, notably in 2008 and most recently in 2024. Provisions Preamble The preamble of the constitution recalls the ''Declaration of the Rights of Man and of the Citizen'' from 1789 and establishes France as a secular and democratic country, deriving its sovereignty from the people. Since 2005 it includes the ten articles o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation (France)
The Court of Cassation (, ) is the supreme court for civil and criminal cases in France. It is France's highest court. It is one of the country's four superior courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal. It primarily hears appeals against the decisions of courts of assizes and courts of appeal (appeals-in-cassation). The Court only reviews questions of law (but not questions of fact) and bears ultimate responsibility for a uniform interpretation and application of statutory law throughout France. It also filters out appeals challenging the constitutionality of statutes before forwarding them to the Counstitutional Council, reviews lower court verdicts on request of the European Court of Human Rights and hears several other types of cases. The Court is organized into three civil chambers, a commerce chamber, a labour chamber, a criminal chamber, a prosecutorial service and various other bodies. The Court usual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Parliament
The French Parliament (, ) is the Bicameralism, bicameral parliament of the French Fifth Republic, consisting of the Senate (France), Senate (), and the National Assembly (France), National Assembly (). Each assembly conducts legislative sessions at separate locations in Paris: the Senate meets in the Luxembourg Palace, Palais du Luxembourg, the National Assembly convenes at the Palais Bourbon, both on the Rive Gauche. Each house has its own regulations and rules of procedure. However, occasionally they may meet as a single house known as the Congress of the French Parliament (), convened at the Palace of Versailles, to revise and amend the Constitution of France. History and name The French Parliament, as a legislative body, should not be confused with the various parlements of the Ancien Régime in France, which were regional appeals courts with certain administrative functions varying from province to province and as to whether the local law was written and Roman, or cust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
