Sources of EU Law

• Three Sources of EU Law

  1. Primary Sources
  2. Secondary Sources
  3. Supplementary Law
• Direct Applicability

  • A provision of EU law is directly applicable if it becomes part of the law of the member state without any further enactment.
• Directly Effective

  • A provision of EU law is directly effective if (and only if) it creates rights upon which individuals may rely in their national courts and which are enforceable by those courts.
• Vertical Direct Effect

  • Where a provision of EU law can be enforced against and EU member state in its own courts.
• Horizontal Direct Effect

  • The provision of EU law can be enforced against another individual in the courts of a member state.
• Treaty Articles

  • Normally directly applicable.
  • Will have vertical direct effect if its terms are 'clear precise and unconditional.
  • Implementation requires no further legislation.
  • Can also have horizontal direct effect.
  • Could be enforced directly in UK courts.
• Regulations

  • Directly applicable.
  • No need for further legislative work.
  • Have both vertical and horizontal effect.
• Directives

  • Tells the member state what needs to be done but leaves it to the states to decide what provisions of domestic law to enact to implement that directive.
  • Not directly applicable.
  • Do not have horizontal direct effect.