The Court of Justice primarily deals with cases taken by member states, the institutions, and cases referred to it by the courts of member states.[103] The General Court mainly deals with cases taken by individuals and companies directly before the EU's courts,[104] and the European Union Civil Service Tribunal adjudicates in disputes between the European Union and its civil service.[105] Decisions from the General Court can be appealed to the Court of Justice but only on a point of law.[106]
Fundamental rights
The awarding ceremony of the 1990 Sakharov Prize awarded to Aung San Suu Kyi (here by Martin Schulz) inside the Parliament's Strasbourg hemicycle, in 2013. Suu Kyi could not collect it before as she had been political prisoner for years.
The treaties declare that the EU itself is "founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities ... in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail."[107]
In 2009 the Lisbon Treaty gave legal effect to the Charter of Fundamental Rights of the European Union. The charter is a codified catalogue of fundamental rights against which the EU's legal acts can be judged. It consolidates many rights which were previously recognised by the Court of Justice and derived from the "constitutional traditions common to the member states."[108] The Court of Justice has long recognised fundamental rights and has, on occasion, invalidated EU legislation based on its failure to adhere to those fundamental rights.[109] The Charter of Fundamental Rights was drawn up in 2000. Although originally not legally binding the Charter was frequently cited by the EU's courts as encapsulating rights which the courts had long recognised as the fundamental principles of EU law. Although signing the European Convention on Human Rights (ECHR) is a condition for EU membership,[i] previously, the EU itself could not accede to the Convention as it is neither a state[j] nor had the competence to accede.[k] The Lisbon Treaty and Protocol 14 to the ECHR have changed this: the former binds the EU to accede to the Convention while the latter formally permits it.
Although, the EU is independent from Council of Europe, they share purpose and ideas especially on rule of law, human rights and democracy. Further European Convention on Human Rights and European Social Charter, the source of law of Charter of Fundamental Rights are created by Council of Europe. The EU also promoted human rights issues in the wider world. The EU opposes the death penalty and has proposed its worldwide abolition. Abolition of the death penalty is a condition for EU membership.[110]
National Assembly of Hungary. Since the Lisbon Treaty, national parliaments have relevant legislative powers via subsidiarity principle.
Acts
The main legal acts of the EU come in three forms: regulations, directives, and decisions. Regulations become law in all member states the moment they come into force, without the requirement for any implementing measures,[l] and automatically override conflicting domestic provisions.[f] Directives require member states to achieve a certain result while leaving them discretion as to how to achieve the result. The details of how they are to be implemented are left to member states.[m] When the time limit for implementing directives passes, they may, under certain conditions, have direct effect in national law against member states.
Decisions offer an alternative to the two above modes of legislation. They are legal acts which only apply to specified individuals, companies or a particular member state. They are most often used in competition law, or on rulings on State Aid, but are also frequently used for procedural or administrative matters within the institutions. Regulations, directives, and decisions are of equal legal value and apply without any formal hierarchy.[111]
Justice and home affairs
Further information: Area of freedom, security and justice
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Selasa, 11 Maret 2014

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