International Treaties and EU Law: A Comprehensive Guide
International Treaties – Item 10
International Treaties
Legal instruments whose authors are not Members but states subject to international law.
International Treaties of the EC
Article 94
1. The provision of State consent to be bound by treaties or agreements shall require the prior authorization of the Cortes Generales in the following cases:
- Treaties of a political nature.
- Treaties or agreements of a military nature.
- Treaties or agreements affecting the territorial integrity of the State or the fundamental rights and duties established in the First Title.
- Treaties or agreements which imply financial liabilities for the Exchequer.
- Treaties or agreements which involve amendment or repeal of any law or require legislative measures for its implementation.
2. The House and Senate will be immediately informed of the conclusion of other treaties or agreements.
Section 96
1. Validly concluded international treaties, once officially published in Spain, shall form part of domestic law. Their provisions may only be repealed, amended, or suspended in the manner provided in the treaties themselves or in accordance with the general rules of international law.
2. For denouncing international treaties and conventions, the same procedure for approval in Article 94 will be used.
Treated Classes
Those who transferred skills. Section 93 (all international treaties with a transfer of powers to girders of a series of agreements which requires them to be incorporated into Spanish law by an organic law. You will need an absolute majority in the House and Senate). The political nature of the military. Affecting the territorial integrity of the State. Which affect the rights and obligations of Title I. Those obligations for the Treasury. Which amended the statute or legislative requirements for implementation measure. Others. Article 94.2 (parliamentary control is after the approval of the settlement process and following its entry into function).
Article 94.1 (maximum level of protection. Treaty safeguard clause of the constitution. Any treaty to be approved by Parliament. Precertification of Congress and the Senate by a simple majority).
The Position of Treaties on Judicial Organization
In relation to the EC
- Subordination Section 95.1 (the constitution is above treaties, the constitution must be in accordance with international treaties whether we should amend the constitution. If a treaty is inconsistent with the constitution, it would create a situation of legal uncertainty and could not be modified).
- Control of constitutionality after 78 OLCC EC 95.2 (possibility that the Senate or Congress or the Constitutional Court made a comparison of compatibility of the constitution with the international treaty 1 / 92 amendment in Article 13.2. Constitutional action by the contradiction of an international treaty to post if necessary modify the change to put in place the mechanisms to modify or make the state out of the convention.
In relation to Law
- Equal binding Art. 93 EC, EC 94.1.e, 27.2 LOTC … (Once the agreement is published in the Official Gazette as well as other applicable law).
- Resistance to 96.1 EC law (the international treaty system is immune to reform the state, the later law does not repeal the earlier treaty.)
- Hierarchical superiority? (With respect to the law, easy interpretation CE > IT > Law Enforcement Preferred IT collision of a jurisdictional law regarding the problem but preferably is preferred TI)
Common Law Domestic Laws
DTC 1 / 2004 (FJ 4)
- In early primacy of jurisdiction, enforcement is prevalent. (When there is a contradiction of international treaties of other Spanish origin, competition for that matter has been sought).
- In early supremacy of the hierarchy, a condition of validity of the lower order. Equal binding (Art. 93 EC, 94.1.e) EC, 27.2 LOTC …) (Community law is a condition of validity of national law. The rules of Community law will be well undertaken by the national standard).
- Court of Justice of the EU (monitors the implementation of European Community bodies in each state, void the laws, rights.
- Direct effect (even if not published in the BOE if they are already in the DOUVOS, they will already be implemented)
The state party has to accept some compromises to bring the same level as the countries of the European Union. Acerba embraces all the rules of the European Union around the law.
Sources of Community Law Native
- Direct application (at the time of publication, they become effective).
- Plurality (many treaties with different issues, a plurality of matter and the type of treaty)
- Autonomy (once signed, legislation generates internal car deployed)
- Supremacy (EU Community law has prevailed with Community law and the internal).
Sources of Community Law (Legislation)
Produced in the European Union for its own evolution and only developed in its minutes setting out its four foundations which allow free movement of persons, goods, services, and capital and maintaining common policies on issues like trade, agriculture, the fisheries.
- Regulations (typical standards are integrated into the legal system of a country, ruled that takes effect upon publication in the official journal of the European Union).
- Directives (product policy typical of the European Union. Make decisions for the council, parliament, on both EU or the committee.
Transposition is the length of time the member states have to amend its law to comply with EU directives. But if a state does not implement the agreed policies, it can be terminated by the other member states to the EU court, as well as by citizens of that country which is adversely affected and deprived of a right that should have been applied the time the leave policy.
If an autonomous region that has jurisdiction to that extent does not transpose the EU directive, punish the Spanish state, provided that this can do anything to claim the penalty to the autonomous community because there is no mechanism for it).
- Decisions (only requires the recipient to be targeted and are of immediate effect)
- Recommendations (which are binding agreements and to guide the state).
- Atypical events (internal rules of the functioning of EU institutions).
Sources of Community Law (Complementary Right)
- International agreements (signed by the EU and third countries).
- Agreements of the Council (EU Council makes a series of agreements that are considered international treaties).
- Agreements with third countries (The EU is negotiating with countries that are outside of it and get agreements that are considered international agreements)
- Jurisprudence (The court of justice in the EU in Luxembourg, consisting of one judge from each country and some exceptional scholars.)
- General Principles (all the principles of the right of member countries).
- Customs (decisions to be taken by unanimity).