Sources of EU Law

Cards (7)

  • Primary sources of EU law are signed by all the Heads of State and set out the main goals (e.g. treaties)
  • Secondary sources of EU law are proposed and creates by institutions (e.g. Art 288 TFEU) and must be linked to treaty ideas (e.g. regulations, directives and decisions)
  • Treaties
    • Binding legal agreement between MS
    • Highest source of EU -> unions aims, institutions and legislative procedures
    • If a policy is not a treaty, the commission cannot propose a law in that area
    • Signed by Heads of State
    • The two main treaties are the Treaty on the European union (TEU) and the Treaty on the Functioning of the European Union (TFEU)
  • Regulations
    • These flesh out the bones of the treaties
    • When created they apply to all MS
    • TFEU includes free movement of workers (Regulation 1612/68 details specific rights to make this a reality)
    • Article 288 TFEU (regulations are directly applicable)(Ensures uniformity of EU law)
  • Directives
    • Not directly applicable (MS have to create domestic laws to give effect to directives - they must be activated)
    • "bind any MS as to result to be achieved" :// get told what the end result must be, not how to get there
    • Can be issued to a single MS (or multiple/all) - promotes harmonisation across the MS
    • Have a time limit as specified by the commission (normally two years max) - individuals cannot enforce rights included in a directive until this point
    • (example) Defective Products Directive - UK passed a law 29 days before the deadline
  • Decisions
    • Happen in the commission, council, and the CJEU
    • A formal method of spelling out policies or starting actions
    • Council Decision 89/469 -> allowed EU countries to ban British beef at the height of the BSE (mad cow disease) crisis
    • CJEU decisions are binding and directly applicable
  • Directly Applicable means that they apply directly to all member states as they are signed