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Legal Terms - European Convention on Human Rights
A convention, initially established in 1950, seeks to safeguard the human rights of all individuals within the member nations of the Council of Europe. Part 1 of the Convention, along with several additional protocols, delineates the rights and freedoms that each signatory state is obligated to ensure for all individuals under its jurisdiction, but states may deviate from the Convention for specific acts (see to derogation). The Convention established a Commission on Human Rights (since dissolved) and a Court of Human Rights in Strasbourg. The Court may adjudicate complaints (termed petitions) filed by one state against another or by a person, group, or non-governmental organization asserting victimhood due to a violation of the Convention. The Court cannot address any case unless the applicant has first exhausted domestic remedies in the national courts. At present, all complaints must be submitted within six months from the date of the decision rendered against the applicant by the national courts (or from the date of the alleged violation if no effective national remedy exists); this timeframe will be reduced to four months upon the ratification of Protocol 15 to the Convention (refer to margin of appreciation). The Court will investigate a complaint only if it meets the specified criteria for admissibility. The Court possesses the authority to issue a conclusive verdict that is obligatory for the state parties and, in certain instances, to grant compensation and legal expenses. Although the UK played a pivotal role in drafting and promoting the Convention, and was the first to sign and ratify it, the articles of the Convention only became effective in the UK as domestic law on 2 October 2000. This occurred subsequent to the implementation of the *Human Rights Act 1998.
A convention, initially established in 1950, seeks to safeguard the human rights of all individuals within the member nations of the Council of Europe. Part 1 of the Convention, along with several additional protocols, delineates the rights and freedoms that each signatory state is obligated to ensure for all individuals under its jurisdiction, but states may deviate from the Convention for specific acts (see to derogation). The Convention established a Commission on Human Rights (since dissolved) and a Court of Human Rights in Strasbourg. The Court may adjudicate complaints (termed petitions) filed by one state against another or by a person, group, or non-governmental organization asserting victimhood due to a violation of the Convention. The Court cannot address any case unless the applicant has first exhausted domestic remedies in the national courts. At present, all complaints must be submitted within six months from the date of the decision rendered against the applicant by the national courts (or from the date of the alleged violation if no effective national remedy exists); this timeframe will be reduced to four months upon the ratification of Protocol 15 to the Convention (refer to margin of appreciation). The Court will investigate a complaint only if it meets the specified criteria for admissibility. The Court possesses the authority to issue a conclusive verdict that is obligatory for the state parties and, in certain instances, to grant compensation and legal expenses. Although the UK played a pivotal role in drafting and promoting the Convention, and was the first to sign and ratify it, the articles of the Convention only became effective in the UK as domestic law on 2 October 2000. This occurred subsequent to the implementation of the *Human Rights Act 1998.
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Legal Terms - European Convention on State Immunity
A 1972 international treaty delineating the conditions and procedures under which member states of the European Community (now the European Union) may initiate or face legal action from other governments or people. It is applicable just in those EU member states that have ratified the convention. Refer to immunity as well.
A 1972 international treaty delineating the conditions and procedures under which member states of the European Community (now the European Union) may initiate or face legal action from other governments or people. It is applicable just in those EU member states that have ratified the convention. Refer to immunity as well.
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Legal Terms - The European Council
It is an institution composed of the heads of government of the European Union member states. It is not an official body of the EU (in contrast to the Council of the European Union), but convenes thrice annually to evaluate significant policy developments. It served as an inspiration for the European Monetary System.
It is an institution composed of the heads of government of the European Union member states. It is not an official body of the EU (in contrast to the Council of the European Union), but convenes thrice annually to evaluate significant policy developments. It served as an inspiration for the European Monetary System.
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Legal Terms - European Court of Justice (ECJ
Court of Justice of the European Union, CJEU) A European Union organization with three principal judicial functions. It interprets the treaties that establish the European Community; it adjudicates the validity and interpretation of Community legislation; and it assesses whether any action or inaction by the European Commission, the Council of the European Union, or any member state constitutes a violation of Community law. The Court is located in Luxembourg. It comprises 28 judges nominated by mutual consent of the member states, aided by 8 Advocates-General.
The Court's proceedings encompass both written and oral submissions from the involved parties. Legal actions against the Commission or the Council may be initiated by the other body, any member state, or individual persons; actions contesting the legitimacy of legislative or other measures taken by either the Commission or the Council are referred to as annulment proceedings. Legal actions against a member state may be initiated by the Commission, the Council, or any other member state. Appeals from the General Court are sent to the European Court of Justice (ECJ). The Court's decisions are obligatory and not subject to appeal. The Court possesses the authority, upon the request of a court from any member state, to provide a preliminary ruling on any aspect of Community law that necessitates clarification for that court. The ECJ's overarching authority over the UK concluded with the termination of the post-Brexit implementation phase on 31 December 2020. Nonetheless, pursuant to the UK–EU Withdrawal Agreement, the Court's authority persists in four specific domains. Firstly, it maintains ongoing authority over any aspects of EU law that emerge concerning the interpretation and application of the Withdrawal Agreement. Regarding Part 2 of the Agreement on citizens' rights, this jurisdiction will persist for the duration of the lives of the EU citizens and UK nationals encompassed by Part 2. Regarding the *Northern Ireland Protocol, the jurisdiction may be perpetual. Furthermore, Article 86(1) of the Withdrawal Agreement stipulates that any proceedings pending before the ECJ at the conclusion of the implementation period shall remain under the Court's jurisdiction until their resolution.
This encompasses rulings regarding appeals. Article 87 of the Withdrawal Agreement provides greater specificity. The European Commission has a four-year term following the conclusion of the implementation phase to initiate infringement procedures against the UK for violations of EU law that occurred during that period. Thirdly, to guarantee uniform interpretation of Part 2 of the Withdrawal Agreement in both the UK and the EU, UK courts are authorized to submit preliminary references to the ECJ about the interpretation of any element of Part 2 for a duration of eight years following the conclusion of the implementation period.
Inquiries regarding the rights of EU citizens in the UK may be directed to the ECJ until a minimum of the conclusion of 2028. The fourth exemption pertains to Articles 136 and 138 of the Withdrawal Agreement, which address elements of the financial settlement. Following the Withdrawal Agreement, the UK will persist in making payments to the EU beyond 31 December 2020. The infringement proceedings specified in Article 258 of the Treaty on the Functioning of the European Union and preliminary references under Article 267 of the Treaty will remain applicable to the UK. This will allow UK courts to pose inquiries to the ECJ over elements of the financial settlement, as delineated in Articles 136 and 138 of the Withdrawal Agreement. The European Commission will also be empowered to enforce the financial settlement before the ECJ.
Court of Justice of the European Union, CJEU) A European Union organization with three principal judicial functions. It interprets the treaties that establish the European Community; it adjudicates the validity and interpretation of Community legislation; and it assesses whether any action or inaction by the European Commission, the Council of the European Union, or any member state constitutes a violation of Community law. The Court is located in Luxembourg. It comprises 28 judges nominated by mutual consent of the member states, aided by 8 Advocates-General.
The Court's proceedings encompass both written and oral submissions from the involved parties. Legal actions against the Commission or the Council may be initiated by the other body, any member state, or individual persons; actions contesting the legitimacy of legislative or other measures taken by either the Commission or the Council are referred to as annulment proceedings. Legal actions against a member state may be initiated by the Commission, the Council, or any other member state. Appeals from the General Court are sent to the European Court of Justice (ECJ). The Court's decisions are obligatory and not subject to appeal. The Court possesses the authority, upon the request of a court from any member state, to provide a preliminary ruling on any aspect of Community law that necessitates clarification for that court. The ECJ's overarching authority over the UK concluded with the termination of the post-Brexit implementation phase on 31 December 2020. Nonetheless, pursuant to the UK–EU Withdrawal Agreement, the Court's authority persists in four specific domains. Firstly, it maintains ongoing authority over any aspects of EU law that emerge concerning the interpretation and application of the Withdrawal Agreement. Regarding Part 2 of the Agreement on citizens' rights, this jurisdiction will persist for the duration of the lives of the EU citizens and UK nationals encompassed by Part 2. Regarding the *Northern Ireland Protocol, the jurisdiction may be perpetual. Furthermore, Article 86(1) of the Withdrawal Agreement stipulates that any proceedings pending before the ECJ at the conclusion of the implementation period shall remain under the Court's jurisdiction until their resolution.
This encompasses rulings regarding appeals. Article 87 of the Withdrawal Agreement provides greater specificity. The European Commission has a four-year term following the conclusion of the implementation phase to initiate infringement procedures against the UK for violations of EU law that occurred during that period. Thirdly, to guarantee uniform interpretation of Part 2 of the Withdrawal Agreement in both the UK and the EU, UK courts are authorized to submit preliminary references to the ECJ about the interpretation of any element of Part 2 for a duration of eight years following the conclusion of the implementation period.
Inquiries regarding the rights of EU citizens in the UK may be directed to the ECJ until a minimum of the conclusion of 2028. The fourth exemption pertains to Articles 136 and 138 of the Withdrawal Agreement, which address elements of the financial settlement. Following the Withdrawal Agreement, the UK will persist in making payments to the EU beyond 31 December 2020. The infringement proceedings specified in Article 258 of the Treaty on the Functioning of the European Union and preliminary references under Article 267 of the Treaty will remain applicable to the UK. This will allow UK courts to pose inquiries to the ECJ over elements of the financial settlement, as delineated in Articles 136 and 138 of the Withdrawal Agreement. The European Commission will also be empowered to enforce the financial settlement before the ECJ.
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Legal Terms - European Economic and Social Committee (EESC)
An EU advisory entity established in 1957 to represent employers, trade unions, agriculturalists, consumers, and various interest groups. The European Parliament, Council of Ministers, and Commission consider its perspectives.
An EU advisory entity established in 1957 to represent employers, trade unions, agriculturalists, consumers, and various interest groups. The European Parliament, Council of Ministers, and Commission consider its perspectives.
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Legal Terms - European Economic Area (EEA)
A free-trade region comprising the member nations of the European Union and the member states (excluding Switzerland) of the European Free Trade Association (EFTA), namely Norway, Iceland, and Liechtenstein. The EEA Agreement, encompassing numerous clauses akin to the Treaty of Rome, was executed in 1992 and became effective on 1 January 1994. The EEA possesses its own institutions, including the EFTA Court of Justice and the EFTA Surveillance Authority (ESA), and numerous EU Single Market directives and legislative initiatives are applicable within it, despite the absence of a budget.
A free-trade region comprising the member nations of the European Union and the member states (excluding Switzerland) of the European Free Trade Association (EFTA), namely Norway, Iceland, and Liechtenstein. The EEA Agreement, encompassing numerous clauses akin to the Treaty of Rome, was executed in 1992 and became effective on 1 January 1994. The EEA possesses its own institutions, including the EFTA Court of Justice and the EFTA Surveillance Authority (ESA), and numerous EU Single Market directives and legislative initiatives are applicable within it, despite the absence of a budget.
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Legal Terms - The European Free Trade Association (EFTA)
It is a trade organization established in 1960, comprising Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom, with Finland, Iceland, and Liechtenstein joining subsequently. The present members are Iceland, Liechtenstein, Norway, and Switzerland, while the other members departed upon joining the European Union or its predecessor communities. EFTA is a less stringent association than the EU, focusing solely on trade obstacles rather than broadly coordinating economic policy. The EFTA is administered by a council where each member possesses a single vote; decisions often require unanimity and are obligatory for all member states. The EFTA maintains bilateral agreements with the EU. All tariffs between EFTA and EU countries were eliminated in 1984, resulting in the establishment of a free-trade area between EU and EFTA member states.
It is a trade organization established in 1960, comprising Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom, with Finland, Iceland, and Liechtenstein joining subsequently. The present members are Iceland, Liechtenstein, Norway, and Switzerland, while the other members departed upon joining the European Union or its predecessor communities. EFTA is a less stringent association than the EU, focusing solely on trade obstacles rather than broadly coordinating economic policy. The EFTA is administered by a council where each member possesses a single vote; decisions often require unanimity and are obligatory for all member states. The EFTA maintains bilateral agreements with the EU. All tariffs between EFTA and EU countries were eliminated in 1984, resulting in the establishment of a free-trade area between EU and EFTA member states.
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Legal Terms - European Monetary System (EMS)
A financial system established in March 1979 to enhance collaboration in monetary policy among European Community members prior to the liberalization of capital. It encompassed the *Exchange Rate Mechanism (ERM) to stabilize exchange rates among member nations as a forerunner to the *European Monetary Union. Directive 88/361 eliminated limitations on the transfer of capital among individuals residing in the member states. Article 102A of the Single European Act 1986 introduced a new Article, now designated as Article 98, into the Treaty of Rome to reference the EMS.
A financial system established in March 1979 to enhance collaboration in monetary policy among European Community members prior to the liberalization of capital. It encompassed the *Exchange Rate Mechanism (ERM) to stabilize exchange rates among member nations as a forerunner to the *European Monetary Union. Directive 88/361 eliminated limitations on the transfer of capital among individuals residing in the member states. Article 102A of the Single European Act 1986 introduced a new Article, now designated as Article 98, into the Treaty of Rome to reference the EMS.
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Legal Terms - European Monetary Union (EMU)
It refers to the creation of a unified currency for the member states of the European Union. The Maastricht Treaty delineated three phases toward the attainment of Economic and Monetary Union, commencing with involvement in the Exchange Rate Mechanism. The second stage established the European Monetary Institute, which coordinated the economic and monetary policies of member nations. The third step, accomplished by January 1999, established fixed exchange rates among member states, activated the European Central Bank, and introduced the euro (subdivided into 100 cents) for all non-cash transactions, while national currencies remained in use for cash transactions. In 2002, euro banknotes and coins were introduced into circulation in the member states of the system.
It refers to the creation of a unified currency for the member states of the European Union. The Maastricht Treaty delineated three phases toward the attainment of Economic and Monetary Union, commencing with involvement in the Exchange Rate Mechanism. The second stage established the European Monetary Institute, which coordinated the economic and monetary policies of member nations. The third step, accomplished by January 1999, established fixed exchange rates among member states, activated the European Central Bank, and introduced the euro (subdivided into 100 cents) for all non-cash transactions, while national currencies remained in use for cash transactions. In 2002, euro banknotes and coins were introduced into circulation in the member states of the system.
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Legal Terms - European Parliament
An EU institution previously known as the Assembly of the European Communities. Members of the European Parliament (MEPs) originate from EU member states but align themselves politically rather than nationally. There are presently 705 seats. The European Parliament's authority and impact mostly stem from its ability to change and then approve or reject proposed EU laws, including the EU budget. The legislative powers were augmented by the Single European Act of 1986, the Maastricht Treaty through the establishment of the collaboration, codecision, and assent procedures, and most significantly by the Lisbon Treaty, which instituted the regular legislative procedure. The Parliament may pose inquiries to the Council and the Commission and, through a motion of censure necessitating a special majority, can compel the resignation of the entire Commission (excluding individual Commissioners). Under the Maastricht Treaty, it now possesses the authority to veto the appointment of a new Commission. The European Parliament conducts its sessions in Strasbourg, while its Secretariat-General is located in Luxembourg, and its committees convene in Brussels. The elected Parliament operates for a duration of five years, subsequent to which elections occur. As of 31 January 2020, the United Kingdom no longer possesses representation in the European Parliament. The 73 UK MEPs relinquished their positions, which were subsequently filled by new MEPs from the remaining 27 EU member states.
An EU institution previously known as the Assembly of the European Communities. Members of the European Parliament (MEPs) originate from EU member states but align themselves politically rather than nationally. There are presently 705 seats. The European Parliament's authority and impact mostly stem from its ability to change and then approve or reject proposed EU laws, including the EU budget. The legislative powers were augmented by the Single European Act of 1986, the Maastricht Treaty through the establishment of the collaboration, codecision, and assent procedures, and most significantly by the Lisbon Treaty, which instituted the regular legislative procedure. The Parliament may pose inquiries to the Council and the Commission and, through a motion of censure necessitating a special majority, can compel the resignation of the entire Commission (excluding individual Commissioners). Under the Maastricht Treaty, it now possesses the authority to veto the appointment of a new Commission. The European Parliament conducts its sessions in Strasbourg, while its Secretariat-General is located in Luxembourg, and its committees convene in Brussels. The elected Parliament operates for a duration of five years, subsequent to which elections occur. As of 31 January 2020, the United Kingdom no longer possesses representation in the European Parliament. The 73 UK MEPs relinquished their positions, which were subsequently filled by new MEPs from the remaining 27 EU member states.
