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The Foundations of European Union Law

The Foundations of European Union Law (8th edn)

Trevor Hartley
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date: 25 June 2022

3. Acts of the Member Stateslocked

3. Acts of the Member Stateslocked

  • T C HartleyT C HartleyProfessor of Law Emeritus at the London School of Economics and Political Science

Abstract

This chapter discusses the acts of the Member States, which is divided into three major categories: constitutive treaties, subsidiary conventions, and acts of the representatives of the Member States. The constitutive Treaties lay the foundations of the European Union. They may be viewed as the constitution of the Union: they set up the various organs of the EU and grant them their powers. Subsidiary conventions refer to previous international agreements between the Member States, most of which have been brought fully within the EU system. The acts of the representatives of the Member States refer to acts adopted by the representatives of the governments of the Member States, meeting in the Council. The chapter also addresses the question of what happens when one of the EU Treaties conflicts with some other treaty.

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