Constitutional Law And The European Union

Constitutional Law and European Union Law

 

The constitutional Law and the EU law are at the top of the hierarchy of rules in the countries where those rules are in force. As such, the national law must harmonise its regulations with the applicable higher laws.

It is not uncommon for decisions, regulations and even laws to be issued in violation of the Constitution or the EU Treaties. Under these circumstances, there are several procedures in order to restore justice and legality.

 

Fundamental rights

Fundamental rights, that arise from the Constitution, from the Chart of Fundamental Rights of the European Union and from other constitutional instruments, are immediately applicable within the legal systems of the states to which they apply. That said, a citizen cannot be prevented from exercising a fundamental right and those rights will override any other minor rules.  

 

Compliance to the Constitution 

All acts that come from public or private entities must comply to the constitutional orders and the principles of the fundamental law. Any rule or decision agaist the Constitution shall be considered null and void.

 

Application of EU regulation and directives

EU law has binding legal force throughout all member states and is mainly issued through regulation and directives. EU regulation is always applied directly and immediately, while directives need to be adapted to thenational law, within two years. 

Should the member state fail to adapt its national law within the directive's deadline, the directive becomes regulation.

As EU law takes precedence over member states’ ordinary rules, applying these procedures can often be extremely valuable.

 

Avoidance of double taxation

As a result of globalisation, nowadays, it is common for citizens to have income in more than one sovereign state. As this phenomenon became well-established, countries have signed treaties to avoid double taxation. It is necessary quite a bite of research to determine the taxpayer’s tax residence as well as to interpret and apply the right diplomas.

 

EU Funding

The European Union periodically launches funding programmes to encourage investments in certain areas of the economy or society. To gain access to these programmes, applications must be submitted with information from several areas of knowledge such as law, accounting, management, information technology, etc. A well-researched and structured application will considerably increase the probability of its success.

 

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