Sources of EU Law

• 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