International
* Conventions / Treaties:
* European Union
(link utili: https://eur-lex.europa.eu/collection/eu-law/treaties/treaties-force.html - https://www.europarl.europa.eu/factsheets/en/home):
** Treaty establishing the European Coal and Steel Community (ECSC):
Link: (source: Eur-Lex): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:xy0022
Date of Signature: 18 April 1951
Place of signature: Paris
Date of entry into force: 23 July 1952
Status: not in force (Expired: 23 July 2002)
Notes:
Purpose: to create interdependence in coal and steel so that one country could no longer mobilise its armed forces without others knowing. This eased distrust and tensions after WWII. The ECSC treaty expired in 2002.
** Treaties of Rome: EEC ( Treaty Establishing the European Community) and EURATOM (European Atomic Energy Community) treaties:
Link: (source: Eur-Lex):
ECC: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:11957E
EURATOM: ELI: http://data.europa.eu/eli/treaty/euratom_2016/oj
Date of Signature: 25 March 1957
Place of signature: Rome
Date of entry into force: 1 January 1958
Status: in force (see now: Treaty on the Functioning of the European Union (TFEU))
Notes:
Purpose: to set up the European Economic Community (EEC) and the European Atomic Energy Community (Euratom).
Main changes: extension of European integration to include general economic cooperation.
** Merger Treaty - Brussels Treaty
Link: (source: Eur-Lex): https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11965F/TXT
Date of Signature: 8 April 1965
Place of signature: Brussels
Date of entry into force: 1 July 1967
Status: not in force (Repealed by the Treaty of Amsterdam.)
Notes:
Purpose: to streamline the European institutions.
Main changes: creation of a single Commission and a single Council to serve the then three European Communities (EEC, Euratom, ECSC). Repealed by the Treaty of Amsterdam.
** Single European Act
Link: (source: Eur-Lex): https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:11986U/TXT
Date of Signature: 7 February 1986 (Luxembourg) / 28 February 1986 (The Hague)
Place of signature: -
Date of entry into force: 1 July 1987
Status: in force
Type: amendment
Sub-type: multilateral
Content: general/fundamental treaty
Court related: -
Depositary of the text: -
Organization related: EU
Notes:
Purpose: to reform the institutions in preparation for Portugal and Spain's membership and speed up decision-making in preparation for the single market.
Main changes: extension of qualified majority voting in the Council (making it harder for a single country to veto proposed legislation), creation of the cooperation and assent procedures, giving Parliament more influence.
** Treaty on European Union (TEU):
Link: (source: Eur-Lex European Union):
ELI: http://data.europa.eu/eli/treaty/tfeu_2016/oj
https://european-union.europa.eu/principles-countries-history/principles-and-values/founding-agreements_en
Date of Signature: 7 February 1992
Place of signature: Maastricht
Date of entry into force:1 December 2009 (considering the following amendment: Edinburgh Agreement (1992); Treaty of Amsterdam (1999); Treaty of Nice (2003); Treaty of Lisbon (signed 2007 - into force 2009) )
Status: in force
UN Traety Collection status check: -
Type: treaty/covenant/convention
Sub-type: multilateral
Content: general/fundamental treaty
Court related: Court of Justice of the European Union (CJEU)
Depositary of the text: European Union
Organization related: European Union
Notes: The Maastricht Treaty established the European Union. It established "euro" as the single currency and created EU citizenship. The Maastricht Treaty was signed on 7 February 1992. The Treaty on European Union (TEU) it is the results of the of the amendments to the Maastricht Treaty, introduced by the Treaty of Lisbon, which was signed on 13 December 2007 in Lisbon and which entered into force on 1 December 2009.
** Treaty on the Functioning of the European Union (TFEU):
Link: (source: Eur-Lex):
ELI: http://data.europa.eu/eli/treaty/tfeu_2016/oj
https://www.europarl.europa.eu/factsheets/en/sheet/5/the-treaty-of-lisbon
https://european-union.europa.eu/principles-countries-history/principles-and-values/founding-agreements_en
Date of Signature: 13 December 2007
Place of signature: Lisbon
Date of entry into force: 1 December 2009
Status: in force
UN Traety Collection status check: -
Type: treaty/covenant/convention
Sub-type: multilateral
Content: general/fundamental treaty
Court related: Court of Justice of the European Union (CJEU)
Depositary of the text: EU
Organization related: EU
Notes:
The Treaty of Lisbon started as a constitutional project at the end of 2001 (European Council declaration on the future of the European Union, or Laeken declaration), and was followed up in 2002 and 2003 by the European Convention which drafted the Treaty establishing a Constitution for Europe (Constitutional Treaty). The process leading to the Treaty of Lisbon is a result of the negative outcome of two referenda on the Constitutional Treaty in May and June 2005, in response to which the European Council decided to have a two-year ‘period of reflection’. Finally, on the basis of the Berlin declaration of March 2007, the European Council of 21 to 23 June 2007 adopted a detailed mandate for a subsequent Intergovernmental Conference (IGC), under the Portuguese presidency. The IGC concluded its work in October 2007. The Treaty was signed at the European Council of Lisbon on 13 December 2007 and has been ratified by all Member States.
The Treaty establishing the European Community is renamed the ‘Treaty on the Functioning of the European Union’ (TFEU) and the term ‘Community’ is replaced by ‘Union’ throughout the text. The Union takes the place of the Community and is its legal successor. The Treaty of Lisbon does not create state-like Union symbols like a flag or an anthem. Although the new text is hence no longer a constitutional treaty by name, it preserves most of the substantial achievements.
**
Charter of Fundamental Rights of the European Union
Link (source: Eur-Lex):
ELI: http://data.europa.eu/eli/treaty/char_2016/oj
Date of Signature: 13 December 2007
Place of signature: Lisbon
Date of entry into force: 1 December 2009
Status: in force
UN Traety Collection status check: -
Type: treaty/covenant/convention
Sub-type: multilateral
Content: general/fundamental treaty
Court related: Court of Justice of the European Union (CJEU)
Depositary of the text: EU
Organization related: EU
Notes:
The Charter of Fundamental Rights of the European Union brings together the most important personal freedoms and rights enjoyed by citizens of the EU into one legally binding document. The Charter was declared in 2000, and came into force in December 2009 along with the Treaty of Lisbon.
The purpose of the Charter is to promote human rights within the territory of the EU. Many of the rights that are contained in the Charter were previously set out in: The EU Treaties; The European Convention on Human Rights; Case law of the Court of Justice of the European Union
National constitutions (for example, the Constitution of Ireland)
* General / Fundamental treaty:
** (1919) Covenant of the League of Nations
Link (source: Refworld): https://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=3dd8b9854&skip=0&query=league%20of%20nation [cite as: League of Nations, Covenant of the League of Nations, 28 April 1919, available at: https://www.refworld.org/docid/3dd8b9854.html [accessed 8 May 2022]]
Text: -
Date of Signature: 28 June 1919
Place of signature: Paris
Date of entry into force: 1 October 1920
Type: treaty/covenant/convention
Sub-type: multilateral
Content: general/fundamental treaty
Status: -
Court related: Permanent Court of International Justice
Depositary of the text: UN
Organization related: UN
**
(1933) Convention on Rights and Duties of States adopted by the Seventh International Conference of American States
Link: (source: UN Treaty Collection): https://treaties.un.org/doc/Publication/UNTS/LON/Volume%20165/v165.pdf
Text: see file attached
Date of Signature: 26 December 1933
Place of signature: Montevideo (Uruguay)
Date of entry into force: 26 December 1936
Status: in force
UN Traety Collection status check: -
Type: treaty/covenant/convention
Sub-type: multilateral
Content: general/fundamental treaty
Court related: -
Depositary of the text: Pan American Union
Organization related: Pan American Union
* (1945) Charter of the United Nations and Statute of the International Court of Justice
Link: (source: UN Treaty Collection): https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=I-1&chapter=1&clang=_en
Date of Signature: 26 June 1945
Place of signature: San Francisco
Date of entry into force: 24 October 1945
Status: in force
UN Traety Collection status check: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=I-1&chapter=1&clang=_en
Type: treaty/covenant/convention
Sub-type: multilateral
Content: general/fundamental treaty
Court related: ICJ
Depositary of the text: UN
Organization related: UN
**
(1949) Draft Declaration on Rights and Duties of States
Link: (source: Refworld - cited as: UN General Assembly, Draft Declaration on Rights and Duties of States, 6 December 1949, A/RES/375): https://www.refworld.org/docid/3b00f1ec54.html [accessed 10 May 2022]
Date of Signature/Publication: 6 December 1949
Place of signature: -
Date of entry into force: -
Status: in force
UN Traety Collection status check: ...
Type: UN General Assembly Resolution
Sub-type: -
Content: general/fundamental treaty
Court related: ICJ
Depositary of the text: UN
Organization related: UN
* Human Right:
** European Convention on Human Rights (link):
Court: European Court of Human Rights (link), set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
CASE: gay marriage - religion principles (Lee v. the United Kingdom - application no. 18860/19 - ECHR 004 (2021) - 06.01.2022):
The European Court of Human Rights confirmed the same orientation of the US Supreme Court, as regards the interpretation of the conflict between the prohibition of discrimination based on sexual orientation and the prohibition of discrimination based on freedom of religion, especially when the two rights conflict with each other.
Bakery owners - and customers who refused to serve - asked their nation's highest courts what the right balance was between a company's LGBTIQ protections against discrimination and religious objections. In "Masterpiece Cakeshop v. Colorado Civil Rights Commission" and "Lee v. Ashers Baking Co." (Lee v. the United Kingdom - application no. 18860/19) the Supreme Court of the United States and the Supreme Court of the United Kingdom have respectively issued rather restrictive decisions. The baker had refused to serve cakes that they believed promoted same-sex marriage, a position contrary to their religious beliefs. The US Supreme Court found that the domestic law had been applied in a way that demonstrated “impermissible hostility toward . . . sincere religious beliefs.”. The UK Supreme Court held that bakers could not be forced to decorate cakes with messages they disagreed with ("support gay marriage"). The European Court of Human Rights in Strasbourg sent the decision back to the UK judge, thus confirming a restrictive orientation.
On the one hand it can be admitted that it may be more damaging to LGBTIQ rights, on the other it could be argued that a balance has been found between two rights that are often in strong contrast to each other. The question about the correct limit of both, in order to coexist with each other, remains open.
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* Courts / Tribunals:
** CJEU - Court of Justice of the European Union (https://curia.europa.eu/jcms/jcms/j_6/en/)
** ECHR - European Court of Human Rights ( https://www.echr.coe.int/ )
** ICJ - International Court of Justice ( https://www.icj-cij.org/en )
The International Court of Justice is in The Hague; it is the principal judicial organ of the United Nations
* Organizations:
** International Organizations:
- CoE - Council of Europe ( https://www.coe.int/ ):
The Council of Europe is a separate organization from the 27-member EU.
The Council of Europe is an international organisation in Strasbourg which comprises 46 countries of Europe. It was set up to promote democracy and protect human rights and the rule of law in Europe.
Decisions:
The Deputies adopted Resolution CM/Res(2022)2 on the
cessation of the membership of the Russian Federation to the Council of Europe, under Article 8 of the Statute. They agreed to come back to the legal and financial consequences resulting from Resolution CM/Res(2022)2 as a matter of priority with a view to inviting the Secretary General to notify the Russian Federation accordingly. (1428ter meeting, 16 March 2022)
- EU - European Union ( https://european-union.europa.eu/ ):
The EU currently (last update: 28/04/2022) has 27 members that have delegated some of their sovereignty so that decisions on specific matters of joint interest can be made democratically at European level.
There are 7 European institutions, 7 EU bodies and over 30 decentralised agencies. In terms of administration, there are a further 20 EU agencies and organisations which carry out specific legal functions and 4 interinstitutional services which support the institutions (see the EU website: https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies_en )
There are 4 main decision-making institutions which lead the EU’s administration. These institutions collectively provide the EU with policy direction and play different roles in the law-making process:
- the European Parliament (Brussels/Strasbourg/Luxembourg);
- the European Council (Brussels);
- the Council of the European Union (Brussels/Luxembourg). It is an iInstitution of the European Union, consisting of the heads of state or government from the member states together with the President of the European Commission, for the purpose of planning Union policy. Be careful, it is not the "Council of Europe.
- the European Commission (Brussels/Luxembourg/Representations across the EU).
The work of European Institutions is complemented by other institutions and bodies, which include:
- the Court of Justice of the European Union (Luxembourg);
- the European Central Bank (Frankfurt);
- the European Court of Auditors (Luxembourg).
- Organization of American States (also know as "Pan American Union") (https://www.oas.org/en):
Status: in force
Headquarters: Washington D.C. - U.S.A.
- Pan American Union:
see: Organization of American States
- UN - United Nations ( https://www.un.org/en/ ):
- UNHCR - The UN Refugee Agency (https://www.unhcr.org/)
REFWORLD (https://www.refworld.org/): Refworld is produced by the Refugee Status Determination Section (Division of International Protection) and the Electronic Publishing Unit (Division of External Relations).
- UN Peacebuilding Commission ( https://www.un.org/peacebuilding/commission )
- ILC - International Law Commission (https://legal.un.org/):
The International Law Commission was established by the General Assembly, in 1947, to undertake the mandate of the Assembly, under article 13 (1) (a) of the Charter of the United Nations to "initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification".
- IPCC - The Intergovernmental Panel on Climate Change (IPCC). It is the United Nations body for assessing the science related to climate change. (https://www.ipcc.ch/)
- OLA - UN Office of Legal Affairs ( https://www.un.org/ola/ - https://legal.un.org/ola)
Useful link: https://legal.un.org/ola/div_treaty.aspx?section=treaty
UN Treaty Collection (https://treaties.un.org/Pages/AdvanceSearch.aspx?tab=UNTS&clang=_en)
** Non-Governmental Organization (NGO):
- Transparency International ( https://www.transparency.org )
- Centre for Democratic Integrity (https://democratic-integrity.eu/)
- scope: https://democratic-integrity.eu/about-us/