Flashcards: Understanding the Hierarchy of Legal Norms — 22 cartões

Sources of law — definition?

Legal rules applicable in a State at a given time.

Direct sources — role?

Written, binding rules from public institutions.

Hierarchy of norms — purpose?

Organizes sources by authority to ensure consistency.

Control of hierarchy — role?

Verifies laws' conformity with the Constitution.

International sources — examples?

Treaties and agreements between States.

European law — includes?

Treaties, acts, case law from the EU.

Case law — function?

Interprets and clarifies laws through court decisions.

Doctrine — role?

Legal scholars' opinions influencing understanding.

Custom — element?

Habitual practice regarded as obligatory.

Collective agreements — origin?

Negotiated rules between social partners.

Hierarchy of norms — principle?

Lower norms must conform to higher norms.

Primacy of EU law — condition?

Ratification and reciprocity required.

National sources — highest norm?

The Constitution of 1958.

Organic law — purpose?

Sets procedures for authorities, supplements the Constitution.

Rules regulations — source?

Issued by executive/administrative authorities.

Treaties — binding after?

Ratification by the President or Parliament.

European treaties — examples?

Treaty of Rome, Maastricht Treaty.

Case law — binding?

Yes, from the Court of Justice of the EU.

Customs — requirement?

Repeated practice and shared belief in obligation.

Amendment of Constitution — how?

By referendum.

Control of norms — who?

The Constitutional Council.

International law — over national law?

Yes, when ratified and reciprocally applied.